1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6242/2010 Samandar @ Jagmohan Vs. State Date of order : 19/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh for the petitioner. Shri Amit Punia, P.P. 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 petitioner is that recovery of one Hockey and Chain has been shown at the instance of the petitioner and a motor cycle was recovered which was lying at the side and was not in the actual possession of the petitioner. Petitioner was falsely implicated for the mere reason that co- accused Anil Singh @ Dabbu, who was present there and his brother Sushil, had ongoing dispute with the police. The bail application of co-accused Anil Singh @ Dabbu was rejected. While co-accused Anil was having three criminal cases against him, his brother Sushil has eleven criminal cases, therefore, the case of the petitioner is distinguishable from that of co-accused. Investigation is almost complete. Challan is likely to be filed. Trial of the case is likely to take long. 2 Learned Public Prosecutor has opposed the bail application. 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 appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Samandar @ Jagmohan S/o Vijendra shall be released on bail in F.I.R. No.167/2010, P.S. Kherli, Distt. Alwar for offence u/s.399, 402, 379, 411 of IPC and 3/25 of Arms Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case the petitioner is found indulged in any offence at any point of time, the bail granted to him shall be liable to be cancelled on this ground alone, at the instance of prosecution. (MOHAMMAD RAFIQ), J. RS/