1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7053/2010 Devendra @ Mahendra & Anr. Vs. State Date of order : 6/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Gupta for the petitioners. Shri Amit Punia, P.P. for the State. Shri A.S. Shekhawat for the complainant. ****** Heard learned counsel for the petitioners, 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 the petitioners is that there is inter rivalry dispute between the parties and that a simple incident of marpeet has been given the colour of abduction and theft. Offence u/s.379 of IPC has wrongly been added on allegation that while Badri Prasad was abducted, a sum of Rs.1,00,000/-, which he carried was also stolen by the petitioners. It is contended that the dispute was something else and Badri Prasad was sending bulk of onions by truck to Calcutta and he should receive the money after reaching on that place and not before that. There is no grievous injury sustained by any of the persons named as Badri Prasad and Chotu Ram. There is no other case against petitioner no.2 Mani Ram @ Manaram, whereas one case of the year 2005 was registered against 2 petitioner no.1 Devendra @ Mahendra and thereafter there is no other case against him. Investigation is almost complete. Trial will take a long time. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Devendra @ Mahendra S/o Pooranmal and (2) Mani Ram @ Manaram S/o Sukharam shall be released on bail in F.I.R. No.105/2010, P.S. Losal, Distt. Sikar for offence u/s.143, 365, 323 and 379 of IPC on each of them furnishes 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 trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/