IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6599/2009 Laxman & Anr. vs. State of Rajasthan Dated : 03.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Pratap Singh Sirohi, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Pratap Singh Sirohi Advocate on behalf of the applicants pertaining to F.I.R. No. 229/2009 at police station Khairthal District Alwar in the offence under Section 382 of IPC. 2. Heard the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that they have been falsely implicated and are in no connected with the commission of the offence of the instant case. Both the complainant as also the petitioners worked together on a stone crusher. They took the motor-cycle of the complainant without asking him and returned the next day. Had the petitioners committed a robbery or snatched the motor-cycle, then they would have been armed with weapon but that is not the case, which clearly evince that they have been falsely dragged in the instant case. The offence is triable by the court of Judicial Magistrate, First Class, hence, they may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the case is not as has been depicted by the learned counsel for the petitioner. The fact is that the petitioners wrongfully restrained the complainant on road and started giving beating with the fists and legs and committed the theft of his motor-cycle, which is found to have been recovered from their possession. The incidents of such offence is on high rise in the present times, hence, their bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do not deem it just and proper to grant indulgence of bail to the accused petitioners. 6. In the result, the bail petition filed on behalf of the petitioners under Section 439 of Cr.P.C. stands dismissed. 7. However, keeping in view the submissions made by the learned counsel for the petitioners, they are granted liberty to file the bail petition afresh after filing the charge-sheet. (MAHESH BHAGWATI),J. Mak/- 11