SB Crlmb No.3035/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.3035/2010. Satyanarain @ Satu Vs. State of Rajasthan Date of order : 18/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manish Sharma for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner has been joined as accused with others only because one case was registered against him for offence under Section 323 IPC in 2003 and another for offence under Section 457/380 IPC in 2008. Principal allegation of over powering the driver and committing offence is against three persons namely; Lala @ Imran, Ramchandra and Nafis. Learned counsel further argued that it is alleged by the prosecution that Dhanraj and Balram @ Ballu who were in jail had a telephonic conversation on cell phone at his SB Crlmb No.3035/10. 2 instance accompanied by other two accused viz. Lala @ Imran and Ramchandra to commit offence. Present petitioner Satyanarain has been made an accused only on the basis of alleged information extracted from him under Section 27 of the Indian Evidence Act, 1872. Exactly similar information was received from other three co-accused. Petitioner's case is entirely distinguishable from that of other three co-accused persons. Learned Public Prosecutor has opposed the bail application however, could not dispute that principle allegation of over powering the driver is against three persons namely; Lala @ Imran, Ramchandra and Nafis. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper 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 Satyanarain @ Satu S/o Shri Chaganlal shall be released on bail in FIR No.25/2010 P.S. Bhinay for offence u/Ss.384 and 342 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two SB Crlmb No.3035/10. 3 sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J. anil