1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3606/09 Mukesh Vs. State of Rajasthan Date of order :: 24th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.R.S.Gill, for the petitioner. Mr.Anil Joshi,P.P. Mr.H.S. Sidhu,for the complainant. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. It is argued on behalf of the petitioner that co-accused persons Deepak Sharma, Surendra Kumar @ Sonu and Vinod Kumar who are similarly situated with the petitioner have been enlarged on bail by the learned Addl. Chief Judicial Magistrate, Sangaria and case of present petitioner is similar with their case, the petitioner is in judicial custody and nothing is to be recovered and investigated from him. The offences are triable by the court of Magistrate therefore, petitioner be released on bail. Learned Public Prosecutor as well as learned counsel for the complainant both have opposed the bail application of the petitioner 2 but did not dispute the above facts narrated by the learned counsel for the petitioner. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439 Cr.P.C. Hence, it is directed that accused-petitioner namely Mukesh S/o Puran Chand, be released on bail under Section 439 Cr.P.C.,in FIR No.336/09 Police Station Sangria,registered under Sections 382,323,341/427-B,143 IPC provided he furnishes a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) together with one surety of the like amount 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. The bail application stands allowed. (NARENDRA KUMAR JAIN), J. ns.