SB Crlmb No.4683/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4683/2010. Shiv Prakash & Anr. Vs. State of Rajasthan Date of order : 19/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Abdul Rahim Khan for the petitioners. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioners and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that petitioners have been arrested for the alleged offence of cheating the bank whereas, there was no such allegation of cheating because petitioners genuinely believe that the loan which they obtained stood waived as per the policy of the Government sometime in the year 2004, allegation of the bank is that petitioners did not disclose that 1.0475 hectares of land out of 4.29 hectares of land was already mortgaged with the another bank, could not make any difference because remaining 3 hectares of land was sufficient to safeguard the interest of the bank. However, when the dispute arose, petitioners SB Crlmb No.4683/10. 2 deposited Rs.2,40,000/- with the bank and petitioners are in jail for some 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 petitioners Shiv Prakash S/o Shri Govind Lal and Jagdish S/o Shri Govind Lal shall be released on bail in FIR No.49/2010 P.S. Simliya, Kota for offence u/Ss.420, 406, 467, 468, 471 and 120B IPC on each of their 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 their appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil