S.B.CR. MISC. BAIL APPLICATION NO.7770/2008 BHARAT SINGH VS. STATE OF RAJ. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Dr. P.C.Jain, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri PC Jain, Advocate on behalf of the applicant Bharat Singh pertaining to F.I.R. No. 534/2007 of Police Station Roopbas, District Bharatpur in the offences under Sections 323, 341, 379, 436 and 504 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that the First Information Report was lodged after inordinate delay of 7 days of the occurrence. He has further contended that initially a case was lodged against the complainant party in the Police Station by the accused party and just with a view to counter their FIR the instant case has been lodged against him. The petitioner has been falsely implicated and is in no way connected with the commission of offence of the instant case. The co-accused Mahendra Singh has already been enlarged on by the Coordinate Bench and the case of the petitioner is also like that of him, as such, he may also be enlarged on bail. The learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that not only that the petitioner accompanied with other accused persons set ablaze the hut of the complainant party and damaged the property also lying therein. He gave them beating also causing simple injuries, as such he may be denied bail. Having considered the submissions made at the bar and scanned the relevant material on record, without expressing any opinion on the merits of the case but looking to the fact that the co-accused has already been granted bail and other circumstances, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. It is, therefore, ordered that the accused petitioner Bharat Singh S/o Shri Ram Charan, in FIR No.534/2007, Police Station Roopbas, District Bharatpur, shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs.fifty Thousand) together with two surety bonds each 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. PCG