CRLMB6883/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6883/2010 Kanchniya, Deepa, Kalu and Heera Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 29.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ajay Singh, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that in view of the antecedents, he would not like to press the bail application of accused-petitioner No.2 Deepa Son of Lakshma and accused-petitioner No.4 Heera Son of Gujratiya, who have 13 criminal cases previously registered against them. So far as accused-petitioner No.3 Kalu is concerned, it is submitted that there was no previous case ever registered against him and that this is the first case against him in which it is alleged that he along-with other accused was planning to commit dacoity. It is submitted that in fact the police has falsely implicated the accused- petitioners only because some of them had previous criminal cases against them. So far as accused petitioner No.1 Kanchniya is concerned, he had no second case registered against him and during last three years he did not get involved himself in any criminal case. He would undertake not to indulge in any such offence in future. CRLMB6883/2010 // 2 // Learned Public Prosecutor opposed the bail application. The bail application of accused-petitioner No.2 Deepa Son of Lakshma and accused-petitioner No.4 Heera Son of Gujratiya is dismissed as not pressed. 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 No.1 Kanchniya Son of Takhtiya and accused- petitioner No.3 Kalu Son of Lakshma on bail under Section 439 Cr.P.C., in FIR No.156/2010, Police Station Bakani, District Jhalawar, under Sections 399 and 402, IPC, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands partly allowed and disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//