1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6940/2009 Ramniwas vs. State of Rajasthan Date of Order :: 11.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashvin Garg, counsel for the petitioner Mr. G.S. Fauzdar, Public Prosecutor for the State of Rajasthan. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Ashvin Garg, Advocate on behalf of the petitioner pertaining to F.I.R. No. 79/2009 of police station Behror, District Alwar in the offences under Sections 420, 406 and 120B of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in this case. The First Information Report of this case has been lodged after an inordinate delay of one month and six days of the occurrence. The complainant filed a private complaint, which is found to have been sent under Section 156 (3) of Cr.P.C. by the Court for investigation to the police. The police, 2 after completion of the investigation, has submitted the charge-sheet, which is pending trial. Neither the petitioner asked for any amount nor he received the amount from any of the persons. The entire amount is found to have been deposited in the account of Ratan Lal. The entire transaction of money and all the seized cheques were in the name of Ratan Lal. The main accused of this case is Mr. R.K. Rajan, who is an army officer. The joining letters to the persons were issued by the co-accused R.K. Rajan. The petitioner has played no role, nor he has been attributed to receive money from any person. Hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application on the ground that the petitioner along-with Vijay Singh reached the village Chandi-Chana and met the complainants. They took the complainants and other persons in confidence and induced them to deliver rupees in lieu of getting employment in the army. Mesmerized by the lucrative offer of getting a job in the army, Manoj gave 1,30,000/- rupees; Yudhisthar gave 1,30,000/- rupees; Shubh Darshan, Krishan, Harikesh and Dharmendra each gave 1,50,000/- rupees, and thus, the petitioner and Vijay Singh induced them to deliver 7,60,000/- rupees in all to them, but neither they managed any employment for them in army nor they returned their money. The petitioner and Vijay Singh have formed a gang, which commits the offence of alike nature, hence he should not be given any 3 bail. 5. Having reflected over the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, but keeping in view the nature and the manner, in which the offence is alleged to have been committed by the petitioner, do not feel inclined to grant indulgence of bail to the petitioner and his bail application deserves to be dismissed, which accordingly stands dismissed. (MAHESH BHAGWATI), J. DK/-