CRLMB4777/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4777/2010 Surjo @ Saroj Vs. The State of Rajasthan through its Public Prosecutor Date of Order ::: 27.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sandeep Pathak, Counsel for petitioner Shri Amit Punia, 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 petitioner is accused of committing offence under Sections 395 and 402, IPC; there are four other co-accused involved in the present case; petitioner has been falsely implicated in this case. In the prosecution evidence it has come on record that other accused were also discussing for selling the petitioner; the police has falsely shown recovery of two cartridge at the instance of petitioner so that she can be made an accused; there is no other case ever registered against her; petitioner is a woman of aged about 35 years; she is in jail since 04.05.2010; investigation is almost complete; her case stands on better footings than that of other co-accused. 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-petitioner, CRLMB4777/2010 // 2 // namely, Surjo @ Saroj Wife of Kunji Lal, D/o Chote Lal, on bail under Section 439 Cr.P.C., in FIR No.91/2010, Police Station Sadar, Gangapurcity, for the offence under Sections 399 and 402 IPC and under Sections 3/25 and 4/25 of the Arms Act, provided she 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 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 her bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//