// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3905/2009 {Uttama Ram Vs. The State of Rajasthan} Date of Order ::: 11th August, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Pradeep Shah, Counsel for petitioner Shri Anil Joshi, PP for the State #### By the Court: Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. It is contended on behalf of the petitioner that the petitioner is in judicial custody; charge-sheet has been filed in the case and nothing is to be recovered or investigated from him; the recovery of article was made from open place; therefore, looking to all the facts and circumstances of the case, the petitioner be released on bail. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper // 2 // to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Uttama Ram S/o Shri Hansa Ram, R/o Harshwada, Police Station Raniwada, Tehsil Sanchore, District Jalore, be released on bail under Section 439 Cr.P.C., in F.I.R. No.109/2009 registered at Police Station Raniwada, Tehsil Sanchore, District Jalore, under Section 19/54 of the Excise Act, provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount 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. (NARENDRA KUMAR JAIN), J. //Jaiman//