IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6681/2010 Shakir and others Vs. State of Rajasthan Date of order : 26/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Asgar Khan for accused petitioners Mr. G.S.Rathore,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. Contention of the learned counsel for the accused petitioner is that even though the Court below has extended the benefit of bail to co-accused Ajeem, considering him to be a juvenile on the basis of his date of birth i.e. 10th March, 1991, whereas the petitioners Shakir and Mateem whose dates of birth are respectively 16th March, 1993 and 5th March, 1993, have not been considered to be juvenile on the date of incident and denied the benefit of bail to them without any legal justification. Learned counsel for the petitioner has invited the attention of the Court to the mark-sheets issued to each of the petitioners by the District Education and Training Institute, Alwar. Copies of the mark- sheets were earlier made available to the learned Public Prosecutor for verification. Today, learned counsel for the petitioners has produced original mark sheets before the Court. Even otherwise, the prosecutrix and co-accused Ajeem are classmate and were in love with each other. He has already been extended the benefit of bail. Petitioners have been falsely implicated just because they were his friends. It is a case of juvenile delinquency Challan has already been presented and trial of the case is likely to take considerable time. On the other hand, learned Public Prosecutor has opposed the bail applications. 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, I deem it just and appropriate to enlarge the petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (i) Shakir S/O Shri Abdul Jabbar Khan and (ii) Mateem S/O Shri Aas Mohammade shall be released on bail in F.I.R. No. 95/2010 of P.S. Tapukada, district Alwar on their furnishing a personal bond in the sum of Rs.30,000/- each 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. (MOHAMMAD RAFIQ), J. Thanvi