SHAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONTENTION of the learned Counsel for the Petitioner is that allegation against the Petitioner cannot be of under Section 420 IPC. It is alleged that he had at the first instance given the Gold sample to the complainant and received from him a sum of Rs. 100/ - for petrol expenses. On checking, the Gold sample was found to be genuine Gold. Main allegation of cheating and giving him brick, which ultimately was not found to be of Gold is against two other co -accused persons namely; Pappu and Iqbal. Except the present one, no other criminal case is pending against the Petitioner. Petitioner is in jail since February 2011. Challan is likely to be filed. Trial of the case will take long.

(2.) LEARNED Public Prosecutor has opposed the bail application but did not dispute that as per the information received from the investigation officer, no other criminal case is pending against the Petitioner.

(3.) IN the result, this bail application Under Section 439 Code of Criminal Procedure is allowed and it is directed that Petitioner Shahid S/o Shri Subhan Khan shall be released on bail in FIR No. 136/2011 registered at P.S. Bhiwadi, District Alwar for offence under Section 420 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.