CRLMB6385/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6385/2010 Dhanraj Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 13.07.2010 Hon'ble Mr. Justice Mohammad Rafiq, VJ. Shri Manish Sharma, Counsel for petitioner Shri G.S. Rathore, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner 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 petitioner is that there was common allegation against petitioner and co-accused Gajendra Singh and Nafis Ahmad @ Jumma. Recovery of trailer has been made at the instance of all four accused, namely, Gajendra, present accused-petitioner Dhanraj, Nafis Ahmad @ Jumma and Shabbir. In fact recovery of one sword was also made at the instance of co-accused Gajendra Singh, who has already been enlarged on bail by a coordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.2884/2010 vide order dated 05.04.2010 and another co-accused Nafis Ahmed @ Jumma has been enlarged on bail by this Court by order dated 21.06.2010 in S.B. Criminal Misc. Bail Application No.4807/2010. Petitioner was arrested on 26.02.2010, while there is no other criminal case ever registered against accused-petitioner and challan has already been filed. Trial of the case is likely to take a long. Learned Public Prosecutor opposed the bail application. CRLMB6385/2010 // 2 // 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 accused-petitioner, namely, Dhanraj Son of Ratanlal Khatik on bail under Section 439 Cr.P.C., in FIR No.31/2010, Police Station Bhinay, District Ajmer, under Sections 323, 341, 342 and 395 IPC, provided he 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 his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) VJ. //Jaiman//