CRLMB3970/2010 & 4334/2010 & 4335/2010 & 4144/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.3970/2010 Rafiq Vs. The State of Rajasthan through the Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.4334/2010 Jafru Vs. The State of Rajasthan through the Public Prosecutor AND 3. S.B. Cr. Misc. Bail Application No.4335/2010 Jamshed Vs. The State of Rajasthan through the Public Prosecutor AND 4. S.B. Cr. Misc. Bail Application No.4144/2010 Mushtak Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh for Shri Birisingh Sinsinwar, Counsel for petitioners in CRLMB3970/2010, 4334/2010 & 4335/2010 Shri Girish Khandelwal, Counsel for petitioner in CRLMB4144/2010 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 petitioners have been arrested on allegation that they were planning to commit dacoity on 05.04.2010 in 'dharamshala' where they were allegedly expecting certain person from Maharashtra to come with money for purchase of CRLMB3970/2010 & 4334/2010 & 4335/2010 & 4144/2010 // 2 // gold. It is contended that petitioners have been falsely implicated because, out of four accused, previously criminal cases were registered against three petitioners and therefore the police has falsely implicated them in this case. The petitioners were arrested on 06.04.2010. Investigation is complete. There is no evidence that any one came to said 'dharamshala' from Maharashtra. The Bolero Jeep which was recovered, was personal jeep of petitioner Rafiq and in fact no actual incident ever took place. Learned Public Prosecutor opposed the bail application. 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-petitioners, namely, (1) Rafiq Son of Basir, (2) Jafru Son of Hamida, (3) Jamshed Son of Israil and (4) Mushtak Son of Nannu on bail under Section 439 Cr.P.C., in FIR No.54/2010, Police Station Govindgarh, District Alwar, 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. However, in case petitioners are found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//