CRLMB5437/2010 CRLMB5731/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.5437/2010 Sakeel Vs. State of Rajasthan through Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.5731/2010 Nawab Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 28.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Girish Khandelwal, Counsel for petitioners Smt. Alka Bhatnagar, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that petitioners were falsely implicated in the case on the allegation that they were attempting to commit robbery. It is submitted that it has not been specified by the police as to at whose information they arrested the petitioners on attempt to commit robbery nor it has been specified as to who was likely to be robbed. The allegation has been made only with a view to enhancing seriousness of the offence. As far as accused Sakeel is concerned, there is no previous case against him. So far accused Nawab is concerned, it is submitted that only one case under Section 399 IPC was earlier registered against him in 2008 in which he was already granted bail; challan has been filed in the matter; trial of the case will take a long; petitioners would undertake CRLMB5437/2010 CRLMB5731/2010 // 2 // not to indulge themselves in such or any other offence and would maintain good conduct in future. Learned Public Prosecutor opposed the bail application and submitted that looking to the seriousness of the allegations, the petitioners are not entitled for bail. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Sakeel Son of Unus (S.B. Cr. Misc. Bail Application No.5437/2010) and (2) Nawab Son of Ruzdar (S.B. Cr. Misc. Bail Application No.5731/2010) on bail under Section 439 Cr.P.C., in FIR No.143/2010, Police Station Laxmangarh, District Alwar, under Sections 397, 398 IPC and 3/25 of Arms Act, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in the present case and in another case against accused-petitioner Nawab, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioners, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. The bail applications stand disposed of. (Mohammad Rafiq) J. //Jaiman//