IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6778/2010 Data Ram @ Anr. Vs. State of Rajasthan Date of order : 19/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Ashvin Garg 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 petitioner is that there is a general allegation against the petitioner and others that they looted 5 ballet boxes from two Polling Stations. Co-accused Bharat Singh who was named in the FIR has already been released on bail within 15 days of his arrest, by this Court vide order dated 8.6.2007 passed in S.B. Criminal Misc. Bail Application No. 3345/2007. The petitioners were arrested on 25th May, 2010 and since then they are in judicial custody. Learned counsel further argued that though accusation in FIR was made against 250 accused persons, but ultimately, the police filed charge sheet only against 8 accused persons. Ballet boxes were also recovered by the Police. According to the learned counsel, no case, except the present one, was ever registered against the petitioners. Challan in the case has been presented against eight accused only and rest have been shown to be absconding. likely to take considerable 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) Dataram S/O Mukhtiyar Singh and (2) Satya Prakash S/O Raghunandan shall be released on bail in F.I.R. No. 9/2005 of P.S. Basedi, district Dholpur 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