IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5672/2010 Raisuddin Ansari @ R.D. Anasari Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 08.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri S.S. Hasan, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
Learned counsel for the petitioner submitted that the allegation against the accused-petitioner is of the cheating punishable under Sections 420 and 406 IPC, whereas the fact is that complainants themselves approached the petitioner on their own and expressed their desire to take agency of running a pickup center on their part for collection of money from general public to deposit with the institution ran by the petitioner, namely, Airson Network Company Private Limited on certain benefits being extended to them in shape of interest/bonus. The complainants were entitled to certain part thereof. Even if the complaint is accepted in its entirety, no case of cheating appears to be made out against the petitioner because a loan amount of five lac rupees was given by the complainants to the institution ran by the petitioner at the time when the agency was given to them and thereafter the agency was successfully run by the complainants for about three years. The dispute arose about apportionment of the profits which fact is clearly stated by the complainants in the complaint, for which certain cheques were given to the complainants and which, according to the complainants, were dishonoured; if that was so, the complainants could be taken recourse to proceedings under Section 138 of the Negotiable Instrument Act. There can be no case of cheating or forging the document. The petitioner was arrested on 17.03.2010. The challan has been filed. There is no other case pending against the petitioner. Trial of the case is likely to take a considerable time.
Learned Public Prosecutor opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Raisuddin Ansari @ R.D. Anasari Son of Shri Hazi Islamuddin on bail under Section 439 Cr.P.C., in FIR No.17/2010, Police Station Manak Chowk, Jaipur, under Sections 420 and 406, IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//