// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In 1.S.B. Cr. Misc. Bail Application No.3844/2009 {Sahab Singh Versus The State of Rajasthan} 2. S.B. Cr. Misc. Bail Application No.3845/2009 {Harbir Singh & Another Versus The State of Rajasthan} Date of Order ::: 23rd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Rajesh Panwar,counsel for the petitioner(s) Shri Ashok Prajapat, PP for the State of Rajasthan #### By the Court: Both the applications arise out of the same FIR, therefore, both the applications were heard together and are being disposed of by this common order. It is contended on behalf of the petitioners that petitioners are in judicial custody since March, 2009; the investigation is complete and challan has been filed in the case; the conclusion of the trial is likely to take some time. It is further contended that similarly situated co-accused Om Prakash has already been released on bail by this Court in S.B. Criminal Misc. Bail Application No. 2636/2009 and case of petitioner is not at all // 2 // distinguishable from the case of co-accused Om Prakash, therefore, petitioners may also be released on bail under Section 439 Cr.P.C. The aforesaid facts have not been disputed by the learned counsel for the State. 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 these applications under Section 439, Cr.P.C. and the same are hereby allowed. Hence, it is directed that accused-petitioner(s), namely (i) Sahab Singh S/o Shri Jiya Lal; (ii) Harbir Singh S/o Shri Jiya Lal; and (iii) Shripal Singh S/o Shri Hukam Singh be released on bail under Section 439 Cr.P.C., in F.I.R. No. 31/2009, Police Station Khunkhuna, District Nagaur registered under Section(s) 363, 366 IPC and Section 3(2) (V) of SC & ST (Prevention of Atrocities) Act, 1989, provided each of them 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 their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. // 3 // A copy of this order may be placed on record in S.B. Criminal Misc. Bail Application No. 3845/2009. (NARENDRA KUMAR JAIN), J. //DK//