SB Crlmb No.6108/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6108/2010. Taheer Khan Vs. State of Rajasthan Date of order : July 7, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.K. Mathur for petitioner. Shri Amit Poonia, Public Prosecutor for State. Shri Rahul Tiwary for the complainant. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that civil case has been falsely given a shape of criminal case. Complainant party has filed a complaint against the petitioner for offence u/S.420, 464, 465 and 468 IPC on the alleged basis that after petitioner entered into an agreement to sale with him, he executed another agreement to sale in favour of his own wife so as to deprive the complainant of his legal right. Complainant has also filed a civil suit for specific performance and therefore dispute being dispute of civil nature would have been determined by the civil court. Petitioner is in jail for quite some time. Investigation is at advance SB Crlmb No.6108/10. 2 stage. Even if eventually police decide to file challan, yet, trial will take a long time. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Taheer Khan S/o Reheman Khan shall be released on bail in FIR No.164/2010 P.S. Kishangarh Bas, Alwar for offence u/Ss.420, 464, 464 and 468 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. (MOHAMMAD RAFIQ), J. anil