1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Third Bail Application No.11244/2010 Bhagchand Udainya Vs State of Rajasthan through PP 9.12.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Nitin Jain - for the petitioner Mr NR Saran, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that petitioner remain posted in the Gram Panchayat concerned only for a period of one year and there is no allegation against him for taking away the amount. A recovery of more than Rs.2 crore has been ordered against Sarpanch. Thus, petitioner may be enlarged on bail. Learned Public Prosecutor has opposed the bail application. He submits that petitioner along with Ram Singh and Om Prakash are the main accused involved in the matter. The total sum involved is more than Rs.2 crore which amount was to be distributed under NREGA scheme. Looking to the seriousness of the charges, petitioner may not be granted bail more so when co- 2 accused, similar placed, has been denied benefit of bail by the coordinate Bench. I have considered rival submissions of the parties and perused the record of the case. The petitioner cannot be left out from the criminal act because against the Sarpanch concerned order of recovery has been passed. Therefore, without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to the petitioner. Hence, bail application is dismissed. (MN BHANDARI), J. bnsharma