1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No.6928/2009 Daluram & Another vs. State of Rajasthan Date of Order :: 11.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Nitin Jain, counsel for the petitioners. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Nitin Jain, Advocate on behalf of the petitioners pertaining to F.I.R. No. 174/2009 of police station Civil Lines, Ajmer in the offences under Sections 143, 147, 148, 323, 327, 343, 365 and 395 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. The petitioners associated with three more accused persons are alleged to have forcibly abducted the complainant Jagdish and Shripal, dragged into a vehicle, beaten them with legs and fists and extorted 2950/- rupees from them. It is also alleged that both the complainants were tide tight in a factory and were forced to sign a blank cheque bearing an amount of Rs. Two lakh fifty thousand. 2 3. Learned counsel for the petitioners has canvassed that the police, after investigation, has found that the offence under Section 395 IPC was not made out. Both the complainant and the accused party are inimical to each other. Both the parties have lodged six FIRs against each other in police station. In fact, there has been a dispute between both the parties with regard to some money transaction and with a view to led the other party down, the complainants have lodged a false report against them. Hence, the petitioners may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and perused the relevant material available on record, I without expressing any opinion on the merits of the case, but keeping view that the offence under Section 395 IPC is not made out from the facts and circumstances of the case, do feel inclined to grant indulgence of bail to the petitioners and their bail application deserves to be allowed. 6. It is, therefore, ordered that the accused petitioners (i) Daluram S/o Bhuraram and (ii) Aasuram S/o Birmaram in F.I.R. No. 174/2009 of police station Civil Lines, Ajmer shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- (Rs.Thirty Thousand only) together with two surety bonds each of Rs.15,000/- (Rs. Fifteen Thousand) to the satisfaction of the learned trial Court with 3 the stipulation that they shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI), J. DK/-