// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3706/2009 {Gujar Singh Versus The State of Rajasthan} Date of Order ::: 16th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Trilok Joshi, counsel for the petitioner Shri Ashok Prajapat, PP for the State #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. It is contended on behalf of the petitioner that main accused Makhan Singh, from whose custody recovery of liquor was made, has been granted bail by this Court in S.B. Criminal Misc. Bail Application No. 957/2009, whereas no recovery has been made from the petitioner, therefore, his case is on better footing than that of co-accused, therefore, he may be released on bail. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the // 2 // 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 Gujar Singh S/o Shri Balveer Singh be released on bail under Section 439 Cr.P.C., in F.I.R. No. 42/2009, Police Station Raisinghnagar registered under Section(s) 16/54 Rajasthan Excise Act, 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 before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//