IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 867/2009 Mohd. Rafiq vs. State of Rajasthan Dated : 04.02.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.B. Mathur, for the petitioner. Mr. V.B. Sharma, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri R.B. Mathur Advocate on behalf of the applicant Mohd. Rafiq pertaining to F.I.R. No. 36/2009 of Police Station Ramganj, Jaipur City in the offences under Sections 147, 148, 149, 332, 353 and 336 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the accused petitioner has canvassed that the case of the petitioner is distinct from the case of co- accused persons namely Meharajuddin, Mujid and Mustaq. So far as the accused persons Mujid Ahmed, Meharajuddin and Mustaq are concerned, they have been facing trial in more than one criminal cases in different courts, but the allegation levelled against the petitioner is of obstructing the police officer in discharge of their official duty and restraining by pelting stones upon them. The matter is still pending investigation which is likely to take time. Hence, keeping in view the role being played by the petitioner, he may be granted indulgence of bail in this case. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and scanned the relevant material available on record, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. It is, therefore, ordered that the accused petitioner Mohd. Rafiq S/o Shri Samshudeen in FIR No. 36/2009 Police Station Ramganj, Jaipur City shall be released on bail on furnishing a personal bond of Rs.1,00,000/- together with two surety bonds each of Rs.50,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Mak/- s-6