1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 7102/2009 Anil Kumar vs. State of Rajasthan with S.B. Criminal Misc. Bail Application No. 7101/2009 Ganesh vs. State of Rajasthan Dated : 17.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Harendra Singh] Mr. Ashvin Garg ], for the petitioners Mr. G.S. Fauzdar, Public Prosecutor for the State. Both the aforesaid bail petitions filed on behalf of petitioners namely Anil Kumar and Ganesh arise out of and pertain to one FIR No. 513/09 of police station Behror, District Alwar registered in the offences under Sections 457 and 411 of IPC is being disposed of by this common order. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner Ganesh has canvassed that he was nabbed on the spot while allegedly committing theft in the grosary shop but no article with regard to grosary shop was found in his possession nor has been recovered by the police. He was confined in the shop, where he remained for the whole night and handed over to police the next day. Thus, there is no incriminating article recovered from the possession of the petitioner Ganesh, which could link him with the offence of the instant case. Learned counsel for the petitioner Anil 2 Kumar has contended that one motor-cycle No. HR 35 B 7244, was recovered from his possession but this motor-cycle belonged to his elder brother Sunil Kumar. The Sub-Inspector, is found to have seized the vehicle under Section 102 of Cr.P.C. The petitioner is handicapped. He has been falsely implicated in this case, hence, they may be granted indulgence of bail. 4. Learned Public Prosecutor albeit, has opposed the bail petition but has fairly conceded that the recovered motor-cycle No. HR 35 B 7244 cannot be the subject of the offence of the instant case, as nothing is found to have been stolen from the grosary shop from where, the petitioner Ganesh was nabbed. Motor-cycle is found to have been seized on suspicion but does not relate to the offence of theft. 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 both the accused petitioners. 6. It is, therefore, ordered that the accused petitioners namely Anil Kumar S/o. Bastiram; and Ganesh S/o. Shyam Sundar in FIR No. 513/09 of police station Behror, District Alwar shall be released on bail on furnishing a personal bond in the sum of Rs.5,000/- together with one surety in the like amount to the satisfaction of the learned trial Court with the stipulation that they 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-19-20