CRLMB6882/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6882/2010 Bhopalia and Kalu Lal Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ajay Singh, Counsel for petitioners Shri Amit Punia, 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 the petitioners and complainant both belong to the same community and there was inter-se dispute between them which led to the incident of 'maar-peet' in which the complainant Tikamchand sustained two simple injuries. It has wrongly been alleged that a sum of Rs.2000/- was snatched by the petitioner from him and the offence under Section 394 IPC has been added with a view to make the offence more serious. The petitioner was arrested on 22.06.2010; there is no other criminal case pending against any of the accused- petitioners; they would undertake not to indulge in such or any other offence and for good conduct in future. Learned Public Prosecutor opposed the bail application. 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, CRLMB6882/2010 // 2 // namely, (1) Bhopalia Son of Heera and (2) Kalu Lal Son of Heera Lal on bail under Section 439 Cr.P.C., in FIR No.195/2010, Police Station Sadar Jhalawar, District Jhalawar, under Section 394/34 of the IPC, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- 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 other two pending cases against them, 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 application stands disposed of. (Mohammad Rafiq) J. //Jaiman//