1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6744/2009 Athar @ Mohd. Athar vs. State of Rajasthan Dated : 10.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ajay Singh, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Ajay Singh Advocate on behalf of the applicant Athar @ Mohd. Athar pertaining to F.I.R. No. 798/2005 at police station Nayapura, Kota, District Kota, in the offences under Sections 392/34 and 411 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the main accused of this case Shahzad has already been enlarged on bail by the co-ordinate Bench. Only the recovery of mobile is alleged to have been made from his possession. The petitioner has been in custody for the last one month, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has fairly conceded that the petitioner is not the main accused of this case. Albeit, six mobiles are found to have been recovered from his possession but they are found to have been given by the co- accused Shahzad to the petitioner for sale. 2 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Athar @ Mohd. Athar S/o. Mohd. Raheem in F.I.R. No. 798/2005 at police station Nayapura, Kota, District Kota shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 9