1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 10507/2010 Deewan Singh & anr Vs State of Rajasthan through PP 18.11.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr SC Gupta - for the petitioners Mr Peeyush Kumar, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioners submits that charge has not been framed against the petitioners for offence under section 364 A IPC it is now only with the aid of section 120-B IPC and thus charge for commission of offence under section 394A IPC does not exist now against petitioners but remains against co-accused. In view of aforesaid, petitioners may be granted bail. Learned Public Prosecutor has opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioners deserve to be enlarged on bail. 2 Accordingly, bail application is accepted and it is directed that accused-petitioners namely; Deewan Singh and Baater may be enlarged on bail under section 439 CrPC in FIR No. 35/2010 registered at Police Station – Kasba-thana for offence under Section/s 364A, 394 and 120-B IPC provided each of them furnishes a personal bond in the sum of Rs.40,000/- together with one surety each in the like amount to the satisfaction of learned trial Court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma