SB Crlm b No.6572/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6572/2010. Devi Singh Vs. State of Rajasthan Date of order : July 15, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pankaj Gupta for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that principal accused is Babulal against whom it is alleged that he used to trade in the sale of country made pistols. Petitioner was on his way to Dausa on motorcycle for depositing the application form for taking appointment on the post of Vehicle Driver pursuant to the advertisement dated 10/2/2010. Copy of the driving license of the petitioner, advertisement and also the certificate obtained from IIT institute certifying that he is student of IIT are produced on record. It is contended that petitioner when accused Babulal demanded lift of the motorcycle, he allowed him to ride the SB Crlm b No.6572/10. 2 motorcycle without knowing that he is having weapons. Recovery of one katta has been recovered from the possession of Babulal. Even otherwise, there is no justification for assertion of the prosecution that Babulal was trading in such weapon. The allegation of causing fire at the police party is also against Babulal because he has instance to positive to use. Two injured have sustained respectively one and two injuries which are simple in nature. Petitioner is in jail since 3/3/2010. He is a student and suffered a long. There is no other criminal case pending against the petitioner whereas, there are seven criminal cases pending against Babulal. Case of the petitioner stands on better footing than that of Babulal. Challan has already been filed. Trial of the case is likely to take a long time. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner – Devi Singh S/o Shri Amar Singh shall be released on bail in FIR No.30/2010 P.S. Salempur, District Dausa for offence u/Ss. 332, 333, 353 and 307/34 IPC on his furnishing a SB Crlm b No.6572/10. 3 personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil