IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CR.MISC.BAIL APPLICATION NO.5395/2010 Umardeen Vs. State of Rajasthan 2. S.B. CR.MISC.BAIL APPLICATION NO.5801/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 3. S.B. CR.MISC.BAIL APPLICATION NO.5401/2010 Umardeen Vs. State of Rajasthan 4. S.B. CR.MISC.BAIL APPLICATION NO.5811/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 5. S.B. CR.MISC.BAIL APPLICATION NO.5403/2010 Umardeen Vs. State of Rajasthan 6. S.B. CR.MISC.BAIL APPLICATION NO.5800/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 7. S.B. CR.MISC.BAIL APPLICATION NO.5409/2010 Umardeen Vs. State of Rajasthan 8. S.B. CR.MISC.BAIL APPLICATION NO.5831/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 9. S.B. CR.MISC.BAIL APPLICATION NO.5536/2010 Umardeen Vs. State of Rajasthan 10. S.B. CR.MISC.BAIL APPLICATION NO.5812/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 11. S.B. CR.MISC.BAIL APPLICATION NO.5813/2010 Bhagirath @ Bhagi Vs. State of Rajasthan 12. S.B. CR.MISC.BAIL APPLICATION NO.5472/2010 Umardeen Vs. State of Rajasthan 13. S.B. CR.MISC.BAIL APPLICATION NO.5532/2010 Umardeen Vs. State of Rajasthan Date of order : 06/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Mohd. Iqbal Khan } for accused petitioners Mr. Harinder Sinsinwar } Mr. Ghanshyam Singh Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. The contention of the learned counsel for the accused petitioners is that the learned Court below while rejecting their bail applications has incorrectly observed that in all 14 cases were registered against the present accused petitioners. The petitioners were made accused in number of FIRs registered at Police stations Data Ramgarh, Khatu Shyamji and Losal of Sikar District and Police Station Rainwal of Jaipur District. In all cases, the allegation against the petitioners is that they committed theft of buffaloes and goats. In fact, in one of the FIRs, the allegation against the petitioners is that they attempted to commit theft and when complainant awoke, they ran away. It is contended with vehemence that in FIR No.48/2010 of Police Station Khatu Shyamji and in FIR No. 73/2010 of Police Station Data Ramgarh the accused petitioners have falsely been implicated with the offence under Sections 307 and 353 IPC, inasmuch as no injury whatsoever has been received by any member of the police party and that these cases have been registered against the petitioners only with a view to deprive them of their liberty to get the bail. It is further contended that having arrested the accused petitioners in one case, all other cases of similar nature have been registered against them. Except these cases of theft registered against the accused petitioners one after another, there is no case pending against them in any of the Police Stations of the State. Lastly, the learned counsel contended that the petitioners have been falsely implicated in series of cases of similar nature solely with a view to depicting them as habitual offenders. On the other hand, learned Public Prosecutor has opposed the bail applications. However, he was not in a position to point out whether any case was ever registered against the petitioners at earlier point of time at any Police Station of the State, for any offence whatsoever, nor could he point out any injury so as to justify the implication of the accused petitioners under Section 307 IPC. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, particularly the facts that (i) the accused petitioners are behind the bars for almost three months and (ii) challans have been presented and trial of the cases is likely to take considerable time, I deem it just and appropriate to enlarge the petitioners on bail during trial. Resultantly, all the above bail applications (thirteen in numbers) u/S.439 Cr.P.C. are allowed and it is directed that petitioners Umardeen S/O Rajjak, Ikrar S/O Sube Khan and Bhagirath @ Bhagi S/O Prabhuram shall be released on bail in F.I.Rs. No.53/2010, 73/2010, 72/2010, P.S. Dataramgarh, distt. Sikar; 48/2010. 33/2010 P.S. Khatu Shyamji Distt. Sikar; 54/2010 P.S. Data Ramgarh, distt. Sikar and 20/2010 P.S. Losal, distt. Sikar on 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 trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. It is made clear that if any of the accused petitioners is found to be indulged in commission of any offence, that itself will be a ground for the Prosecution to apply for cancellation of their bail. (MOHAMMAD RAFIQ), J. Thanvi