// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3451/2009 {Subhash Vs. State of Rajasthan} Date of Order ::: 16th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Choudhary, Counsel for petitioner Shri A.R. Nikub, PP for the State #### By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of petitioner that investigation in the present case is complete and challan has also been filed; the main accused Sonu @ Mohavir in the present matter, at whose instance the recovery of articles was made, has already been released on bail by this Court in S.B. Cr. Misc. Bail Appl. No.2692/2009 whereas no recovery has been made at the instance of the present petitioner, therefore, case of petitioner is on better footings than that of co-accused Sonu; the petitioner is in custody since 26th April, 2009. The above fact has not been disputed by learned // 2 // counsel for the State. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Subhash S/o Shri Chimna Ram, R/o Dhani Mohabatpur, Tehsil & District Hisar (Haryana) (at present lodged in Sub Jail Bhadra) be released on bail under Section 439 Cr.P.C., in F.I.R.No.47/2009 registered at Police Station Bhadra, District Hanumangarh, under Sections 457 and 380, I.P.C., provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount 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. (NARENDRA KUMAR JAIN), J. //Jaiman//