// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3849/2009 {Mishri Lal Vs. The State of Rajasthan} Date of Order ::: 29th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Chundawat, Counsel for petitioner Shri Anees Bhurat, PP for the State #### By the Court: 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. Learned counsel for petitioner submitted that F.I.R. was lodged on the basis of 'parcha bayan' of injured Ram Swaroop and, as per contents of the F.I.R., there were five persons (who inflicted injuries and were identified by injured), namely, Ram Prasad Dhobi, Banna Lal Gurjar, Mishri Lal Dhobi, Raju Luhar and Gopi Chamar; the bail application of co-accused Raju and Gopi was initially dismissed by Sessions Judge, Bhilwara, but their second bail application was allowed vide order dated 9th July, 2009 in Miscellaneous Criminal Case No.704/2009; the case of present petitioner is // 2 // not at all distinguishable from the case of co- accused Raju and Gopi, but still the learned Sessions Judge rejected the bail application of the petitioner vide order dated 16th July, 2009. The learned Sessions Judge has not assigned any reason whatsoever as to how the case of present petitioner is distinguishable from the case of Raju and Gopi, whose second bail application has been allowed by him. Learned Public Prosecutor does not dispute that case of present petitioner is similar to that of co-accused Raju and Gopi, who have been enlarged on bail by learned Sessions Judge, Bhilwara. 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 Mishri Lal S/o Chotu Lal Dhobi, R/o Bachkheda, Police Station Pholiyakala, District Bhilwara (presently lodged at Bhilwara District Jail) be released on bail under Section 439 Cr.P.C., in F.I.R. No.183/2009 registered at Police Station Subhash Nagar, Bhilwara, under Sections 307, 341, 323, 325, 435, 143 and 379, // 3 // IPC, 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//