1 55 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6101/2009. Smt. Durga Vs. The State of Rajasthan Date of Order :: 1st December 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Rajesh Shah, for the petitioner. Mr. O.P. Singaria, Public Prosecutor. ... BY THE COURT: The petitioner, accused of offences under Sections 381, 457 IPC and said to be in custody since 13.11.2009 has moved this application for bail under section 439 Cr.P.C. The charge-sheet in this case is said to have been filed on 24.11.2009 essentially on the accusations that the petitioner had stolen substantial quantity of gold jewellery (about 27 tolas), silver coins, and cash of about Rs. 20,000/- from the very house she was employed as a maid. The learned counsel for the petitioner has referred to an order dated 17.02.2006 as passed by this Court in Bail Application No. 633/2006 (Narayan S/o Rama Balai Vs. State of Rajasthan) wherein this Court granted bail in the said case for no question of recovery being there and offence being triable by Magistrate. It is apparent that the said order was 2 made without expressing any opinion on the merits of the case and on the facts and circumstances of the given case. The order made essentially on the facts and circumstances of a particular case, in the opinion of this Court, could hardly be taken to be laying down a binding ratio for being applied to all cases of the similar nature accusations. Consideration on the plea of bail depends on examination of various factors and variables; and every individual case is required to be looked at on its own facts and circumstances. The nature of accusations against the petitioner in the present case, of her having broken the trust of the very person (a widow lady) who had accorded her employment and then, the extent of the jewellery and other items involved, at this stage of the proceedings, this Court does not feel inclined to grant indulgence to the petitioner. Accordingly, this bail application under Section 439 Cr.P.C. moved on behalf of the petitioner Smt. Durga W/o Ramesh Kumar stands rejected at this stage. (DINESH MAHESHWARI), J. //Mohan//