IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IInd Bail Application No. 6691/2009 Raju lal & Anr. vs. State of Rajasthan Dated : 31.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rinesh Gupta, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Rinesh Gupta Advocate on behalf of the applicants pertaining to F.I.R. No. 12/2009 of police station Indragarh, District Bundi, in the offence under Section 380 and the challan has been filed under Sections 457, 380 and 328 read with Section 34 of IPC. 2. Heard the learned counsel for the petitioners and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioners has canvassed that the police after investigation has filed the charge-sheet in the court, which is pending trial. Learned trial court, so far as, has recorded the statements of six prosecution witnesses out of which, three witnesses have not supported the prosecution case and have turned hostile. Learned counsel took me through the statement of PW-2 Nurka Bai and contended that albeit, she has alleged against the petitioner Bholu but in her cross- examination, she has clearly deposed that she did not see the petitioner Bholu while taking off her her Kadiyas she was wearing in her legs. Thus, under the changed circumstances, both the petitioners deserve to be enlarged on bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the grount that PW-2 Nurka Bai has supported the prosecution case and have categorically deposed the involvement of the petitioner Bholu in her statements. He has fairly conceded that nothing has come out on record in evidence against the petitioner Raju. 5. Having considered the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, deem it just and proper to grant indulgence of bail to the petitioner Raju lal S/o. Prabhu lal but so far as the bail petition filed on behalf of the petitioner Bholu Ram is concerned, his bail petition deserves to be dismissed and stands dismissed accordingly. 6. It is, therefore, ordered that the accused petitioner Raju lal S/o. Prabhu lal in F.I.R. No. 12/2009 of police station Indragarh, District Bundi, shall be released on bail on furnishing a personal bond of Rs.10,000/- together with two surety bonds each in the sum of Rs. 5,000/- 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/- s-23