1 S.B. Criminal Misc. 3rd Bail Application No. 790/2010 Juhru & Ors. vs. State of Rajasthan Dated of order: 26.02.2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. M.Iqbal Khan, for the petitioners. Mr. V.S. Badhwar, for the complainant. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. M. Iqbal Khan Advocate on behalf of the applicants pertaining to F.I.R. No. 240/2009 registered at police station Kshangarh Bas, District Alwar, in the offences under Sections 420, 406 and 120-B of IPC. 2. Heard the learned counsel for the petitioners, learned counsel for the complainant as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that the prosecution has examined five witnesses, out of which PW-1 Jaleb, PW-2 Padam Chand, PW-3 Soharab and PW-5 Yakub have not supported the prosecution story and have turned hostile. So far as the complainant PW-4 Jamila is concerned, she has also not supported the prosecution story but she is found to have stated to receive the amount of Rs. 3,80,000/- from the accused persons, which she paid to them. Parties have entered into compromise, hence, in the changed fact situation, the petitioner may be granted indulgence of bail. 4. Learned counsel for the complainant does not oppose the bail petition. 2 5. Learned Public Prosecutor has opposed the bail petition for the name's sake. 6. Having considered the submissions made at the bar and carefully scanned the relevant material available on record including the statements recorded by the learned trial court, I, without expressing any opinion on the merits of the case, in the changed fact situation, do feel inclined to grant indulgence of bail to the accused petitioners and the third bail petition deserves to be allowed. 7. It is, therefore, ordered that the accused petitioners Juhru S/o. Mangtu; Ishaq S/o. Mangtu; and Hanif S/o. Mangtu in F.I.R. No. 240/2009 registered at police station Kshangarh Bas, District Alwar shall be released on bail on furnishing personal bond each in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- s-3