IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7232/2010 Saroj Kanwar & Ors Vs. State of Rajasthan Date of order : 29/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Praveen Jain for accused petitioners Mr. Amit Poonia,Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioners is that the allegation against the petitioner No.1 who is a girl of 22 years of age and was working as `Assistant' in the Gram Panchayat, is that she along with her two brothers (petitioners No. 2 and 3) put on fire certain record of Gram Panchayat, whereas the fact is that there was an inquiry against the Sarpanch, Gram Sevak and Med of the Gram Panchayat in respect of certain irregularities in implementation of `Narega' scheme and in order to create defence for themselves they have fastened the allegation upon the petitioners. Offence under Section 437 IPC is bailable and Section 477 IPC has been added only with a view to make the offence non- bailable. Learned counsel argued that Section 477 IPC can be attracted only when there is damage to document which is will or valuable security and in the present case there is no such allegation so as to attract Section 477 IPC. There is no criminal case pending against the petitioners. They have been in judicial custody for quite some time. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Miss Saroj Kanwar D/O Jagannath Singh (2) Ranveer Singh S/O Jagannath Singh and (3) Bhadur Singh S/O Ram Charan Singh shall be released on bail in F.I.R. No. 144/2010 of P.S. Sarwar, district Ajmer, on their furnishing a personal bond in the sum of Rs.30,000/- each together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. Thanvi