IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6990/2010 Javed Vs. State of Rajasthan Date of Order ::: 23.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Singh Tanwar, Counsel for petitioner Shri G.S. Rathore, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner 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 petitioner is that the allegation against the petitioner is under Section 379 IPC, which is triable by a court of Magistrate; there is no previous case pending against the petitioner; recovery has already been made in the matter from the co-accused and not from the petitioner. 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-petitioner, namely, Javed Son of Shri Hamin Mohammed on bail under Section 439 Cr.P.C., in FIR No.259/2010, Police Station Kekri, District Ajmer, under Section 379, IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each 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. (Mohammad Rafiq) J. //Jaiman//