// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3442/2009 {Utam Kumar Vs. The State of Rajasthan} Date of Order ::: 22nd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Kuldeep Mathur, Counsel for petitioner Shri Mahipal Vishnoi, PP for the State #### By the Court: The application filed by petitioner for early listing of the bail application is allowed. With the consent of the learned counsel for both the parties, the bail application was heard. 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. It is contended on behalf of the petitioner that co-accused persons, namely, Dinesh Kumar and Shambhu Singh have been released on bail under Section 439 Cr.P.C. by a Coordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Applications No.3082/2009 and 3135/2009, respectively; the case of present petitioner being similar to that of above co-accused // 2 // persons, the same order may also be passed in favour of the petitioner. The above fact has not been disputed by the learned Public Prosecutor. 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 Utam Kumar S/o Shri Jaisa Ram, R/o Bhinmal, District Jalore (presently lodged at Sub-Jail, Bhinmal) be released on bail under Section 439 Cr.P.C., in F.I.R. No.144/2009, registered at Police Station Bhinmal (District Jalore) under Sections 457, 380 and 427 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//