1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: ORDER In S.B. Cr. Misc. Bail Application No.3871/2009 Moti v. State of Rajasthan ::: Date of Order: 24th July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr Dhirendra Singh, for the petitioner Mr Mahipal Bishnoi, Public Prosecutor for the State ::: By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the relevant material/case diary made available to me during the arguments of the case. It is argued by learned counsel for the petitioner that FIR in the present case was lodged against unknown persons but after investigation of the case, charge sheet was filed against 07 accused persons, including present petitioner. Co-accused 04 persons were tried and they were acquitted. Case of the present petitioner is similar with case of those co-accused persons, the bail application of the petitioner has been rejected by learned Sessions Judge on the ground that he remained absconded and 2 of 2 challan has been filed under sec.299 CrPC. Submission of learned counsel for the petitioner is that the petitioner had gone to Gujarat to earn his livelihood and as his name was not there in the First Information Report, therefore, he was not aware about lodging of present FIR or pendency of case against him. He is lodged in jail for a month, now he may be released on bail. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioner, namely, Moti s/o Mukka, presently confined in Central Jail, Rajsamand on bail under Section 439 Cr.P.C., in F.I.R. No.106/2005, Police Station- Amet, District- Rajsamand, registered under Secs.147, 447, 307, 326, 379 read with sec.149 IPC, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- each 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. This bail application is allowed accordingly. (NARENDRA KUMAR JAIN), J. mma