// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Bail Application No. 3365/2009 {Gopal Singh Versus The State of Rajasthan} Date of Order ::: 13th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Niranjan Singh, counsel for the petitioner Shri Rajesh Choudhary, counsel for the complainant Shri A.R. Nikub, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s), learned counsel for the complainant as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended that all the other co- accused persons have already been released on bail under Section 438 Cr.P.C., therefore, the same benefit may also be given to the petitioner. However, the learned counsel for the petitioner admits that petitioner is husband of complainant. After considering all the facts and // 2 // circumstances of the present case, I find that case of the petitioner is not similar to the case of other co-accused persons, who have been granted indulgence of bail under Section 438 Cr.P.C. Hence, the bail application of petitioner is dismissed. However, it is observed that in case the petitioner surrenders before the concerned court along-with bail application with an advance copy to learned Public Prosecutor, then the said Court will try to dispose of his bail application on the same day. (NARENDRA KUMAR JAIN), J. //DK//