SB Crlmb No.4172/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4172/2010. Ramkalyan Tantala Vs. State of Rajasthan Date of order : 21/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Gangwar for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that sole basis on which petitioner was made an accused of cheating was that he had taken the original documents of the mortgaged house from LIC Housing Company Ltd. on the undertaking that he would return the same after getting the lease-deed issued from J.D.A. but instead, he sold the said house to one Vikram Singh. It is contended that petitioner would undertake to deposit the entire due amount with the LIC Housing Company Ltd. within 45 days fro the date of his release and further that petitioner is a Government servant and is already in jail since 7/4/2010 and there is no one in the SB Crlmb No.4172/10. 2 family to arrange for the deposit of the said amount. Petitioner has already deposited substantial amount of loan and only a small amount of loan remains to be repaid. Learned Public Prosecutor has opposed the bail application. Keeping in view the Undertaking given by the petitioner that he would deposit the remaining loan amount within 45 days from the date of his release, I deem it just and proper to enlarge him on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ramkalyan Tantala S/o Shri Lalaram Tantala shall be released on bail in FIR No.643/2009 P.S. Vidhayakpuri, Jaipur City (South) for offence u/Ss.420 and 406 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. In case, petitioner fails to deposit the due amount within 45 days from the date of his release, the prosecution shall be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J. anil