IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.5791/2010 Hari Prakash Sharma Vs. State of Rajasthan Date of order : 16/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Biri Singh Sinsinwar for accused petitioner Mr. G.S. Rathore, Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that what is alleged by the prosecution against the petitioner is that he demanded money, but in fact the money so paid was recovered from co-accused Sri Kishan in the course of trap led by the police. Money was recovered at his instance from the rack beneath the coat lying in the barrack. The case of the petitioner is, therefore, on better footing than that of co-accused and if not on better footing, atleast it is on same footing. It is not the case of the prosecution that the petitioner was investigating the case in which arrest of the brother of decoy was made. Co-accused Sri Kishan has already been enlarged on bail by this Court vide order dated 16.6.2010 in S.B. Criminal Misc.Bail Application No. 5664/2010. Petitioner has remained behind the bars for more than a month, even after release of co-accused Sri Kishan. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Hari Prasad Sharma S/O Shri Ramjilal Sharma shall be released on bail in F.I.R. No. 16/2010 (RCJA I2010A0016), Police Station, CBI/ACB, Jaipur on his furnishing a personal bond in the sum of Rs.30,000/-each together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. thanvi