CRLMB4998/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4998/2010 Rambhajan and 5 Others Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 09.07.2010 Hon'ble Mr. Justice Mahesh Chandra Sharma Shri Harendra Singh, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for the petitioners as well as the learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. This bail application has been filed by the petitioners under Section 438 Cr.P.C. Learned Advocate for petitioners contended that co-accused has already been released on bail by the trial court itself under Section 438 Cr.P.C.; he further contended that number of persons have been named in the FIR and no specific role has been assigned to the present-petitioners therein; petitioners are not habitual offenders; they have been falsely implicated in the matter. Learned Public Prosecutor opposed the bail application. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. Therefore, the SHO/I.O. of the Police Station Bamanwas, District Sawaimadhopur is directed that in the event of arrest of the petitioners, namely, (1) Rambhajan Son of Sua Lal, CRLMB4998/2010 // 2 // (2) Rajaram Son of Rambhajan, (3) Hemraj Son of Rambhajan, (4) Heera Lal Son of Badri, (5) Ramkesh Son of Badri and (6) Murari Son of Badri in FIR No.81/2010, registered under Sections 147, 148, 341, 323, 452, 379 and 307 IPC, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs.25000/- with one surety of the like amount to his satisfaction on the following conditions:- 1. They shall make themselves available for interrogation by Investigating Officer as and when required; 2. They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer; 3. They shall not leave India without the previous permission of the Court. The bail application stands disposed of. (Mahesh Chandra Sharma) J. //Jaiman//