SB Crlmb No.7182/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.7182/2010. Bhagwan & Anr. Vs. State of Rajasthan Date of order : July 28, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.R. Bajwa for the petitioners. Smt. Alka Bhatnagar Public Prosecutor for State. Shri Hemant Kumar Sharma for the complainant. ****** Heard learned counsel for petitioners, learned Public Prosecutor for State as well as learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioners is that originally when the challan was filed, investigation against the present accused-petitioners was kept pending under Section 173(8) Cr.P.C. on the premise that sufficient evidence against them was not being collected. Police has subsequently filed challan against the present accused petitioners. Out of nineteen accused, challan SB Crlmb No.7182/10. 2 has been filed only against five accused persons namely; Mohanlal, Ratanlal, Mukesh, Babulal and Ganesh Narayan, who have all been granted bail by various orders passed by the difference co-ordinate Benches of this Court. Case of the present petitioners is on better footing than those co-accused persons because police did not file challan against the present petitioners and one of the accused petitioner-Hanuman was not even named in the first information report. Petitioners are in jail for quite some time. Their further detention is not required for any other purposes. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application but were not in a position to dispute the factual correctness of the submission made. Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners – (1) Bhagwan S/o Shri Bhairu Ram and (2) Hanuman S/o Shri Bhairu Ram shall SB Crlmb No.7182/10. 3 be released on bail in FIR No.266/2009 P.S. Shivdas Pura, District Jaipur for offence u/Ss.147, 148, 149, 323, 341, 302 IPC and Sections 3(1)(x) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 on their furnishing a personal bond in the sum of Rs.30,000/- each together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil