// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Bail Application No. 2837/2009 {Mukrarb Hussain Versus The State of Rajasthan} Date of Order ::: 23rd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Choudhary, counsel for the petitioner Shri Mahipal Bishnoi, PP for the State of Rajasthan Shri Sandeep Mathur, counsel for the complainant #### By the Court: The learned counsel for the petitioner contended that co-accused Jai Narayan has been granted bail under Section 438 Cr.P.C., therefore, the petitioner may also be granted the same benefit. It is further contended that case is of civil nature, therefore, indulgence under Section 438 Cr.P.C. may be granted in favour of the petitioner. The application is opposed by the learned PP as well as counsel for the complainant. I have considered the submissions of learned counsel for the parties and also the reasons assigned by the Sessions Judge, Merta // 2 // in its order dated 22nd April, 2009 for rejecting the bail application of the petitioner under Section 438 Cr.P.C., wherein learned Sessions Judge has observed that investigation in the present case is pending and the original power of attorney is to be recovered from the petitioner. In the facts and circumstances of the case, I find that case of Jai Narayan is distinguishable from the case of petitioner. The other similarly situated persons namely Dhanraj and Prakash have already been arrested and they were granted bail under Section 439 Cr.P.C. In these circumstances, I do not find this case to be fit one to grant benefit of bail under Section 438 Cr.P.C. to the petitioner, hence the bail application is dismissed. (NARENDRA KUMAR JAIN), J. //DK//