// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3512/2009 {Hemaram Vs. State of Rajasthan} Date of Order ::: 16th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Mahendra Solanki, Counsel for petitioner Shri Ashok Prajapat, 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 two co-accused persons, namely, Jagdish Jat and Babu Lal Mali @ Rajuram, who were caught hold of at the spot by the police and at whose instance the recovery was made, have already been released on bail by this Court under Section 439, Cr.P.C., in S.B. Cr. Misc. Bail Appl. No.2178/2009, whereas no recovery has been made from the petitioner and his case is on better footings than that of co-accused named above. The petitioner is in custody since October, 2008, therefore, indulgence of bail under Section 439, Cr.P.C., may also be granted // 2 // to the petitioner. The above facts have 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 Hemaram S/o Shri Gangaram Jat, R/o Bhanwarion-Ki-Dhani, Surpura Khurd, Police Station Bhopalgarh, District Jodhpur, be released on bail under Section 439 Cr.P.C., in C.R. No.187/2008, registered at Police Station Dangiawas, District Jodhpur, under Sections 401, 402, 399 IPC and Section 4/25 of the Arms 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 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//