CRLMB 1242/2010 Azad and others Vs. State (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Criminal Misc. Bail Application No.1242/2010 Azad and others Vs. State of Rajasthan Date Of Order :: 10th February, 2010 Hon'ble Mr. Justice M.N. Bhandari Mr. Azad Ahmed, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor. .......... Heard learned counsel for the parties and perused the record of the case. It is stated that petitioners have been falsely implicated in the matter due to previous rivalry, thus, they may be granted bail. Learned Public Prosecutor has opposed the bail application and submits that fire arm have been recovered from petitioners no.1,2,4 & 5. Challan has not yet been filed and the matter is pending investigation, thus, they may not be granted bail. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, looking to the facts of this case, I am of the view that the petitioner no.3 Akhtar deserves to be enlarged on bail. Accordingly, his bail application is accepted and I consider it just and proper to release the accused-petitioner namely, Akhtar on bail under section 439 Cr.P.C. in FIR No.25/2010 registered at Police Station-Pahari, District Bharatpur for offence under sections 147, 148, 149, 353, 336, 307, 395 of IPC and section 131(2), 132, CRLMB 1242/2010 Azad and others Vs. State (2) 135 & 136 of the Peoples Representation Act, 1950 provided he, furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. So far the bail application of petitioners no.1 Azad, no.2 Sarfaraz, no.4 Arshad and no.5 Umar is concerned, I am not inclined to grant their bail application and the same is accordingly dismissed. However, they would be at liberty to file fresh on filing of the charge-sheet. (M.N. Bhandari),J. VS Shekhawat/- Jr. P.A. S62