IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. Bail Appl. No.6000/2009 Devi Singh and ors. Vs. State of Raj. with S.B.Cr. Misc. Bail Appl. No.5873/2009 Braj Mohan and ors. Vs. State of Raj. Dated : 06.08.2009 HON'BLE MR. MAHESH BHAGWATI, J. Mr. Mahesh Gupta ) Mr. Sanjay Singhal) for the petitioners. Mr. Amit Punia, Public Prosecutor for the State. Since both the aforesaid bail petitions filed on behalf of the applicants under Section 439 of Cr.P.C arise out of and pertain to one FIR No.49/2009 of Police Station Kaswa Thana, District Baran registered in the offences under Sections 457, 380 of IPC, they are being disposed of by this common order. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners have argued that the occurrence of theft is alleged to have taken place in the night of 6th of July, 2009, whereas the report of theft has been made on 9th of July, 2009, after a delay of three days. Initially, complainant simply wrote that somebody had stolen iron angles, plates, channels and iron rods weighing 50 quintiles from his -2- field but soon thereafter he himself investigated and found that these articles had been stolen by Kamlesh, Brajmohan, Manoj, Pradeep, Murari, Naresh, Devi Singh, Santoshi, Narayan and others. The report is totally concocted and has been made with a view to rope in these persons. There is no identification of the petitioners, hence they deserve to be released on bail as no other criminal matter has been pending against them. 4. Learned Public Prosecutor appearing for the State has opposed the bail petitions on the ground that the stolen articles, in parts, have been recovered from the possession of the petitioners and the weight of the stolen recovered articles have been mentioned in the recovery memos respectively, hence they should be denied bail. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the investigation is still pending, which is likely to take time. The offences are triable by the Court of Judicial Magistrate-First Class. There is no other criminal case pending against them, hence, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the accused petitioners and as such their bail petitions deserve to be allowed. 6. It is, therefore, ordered that the accused petitioners Devi Singh S/o Vijay -3- Singh, Santoshi S/o Sankarlal, Narayan S/o Raghvar, Braj Mohan S/o Shri Parsadi, Kamlesh S/o Shri Ganesh Lal, Pradeep S/o Shri Mangi Lal and Naresh S/o Shri Mangi Lal F.I.R. No. 49/2009 of police station Kaswa Thana, District Baran, shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- each together with three local sureties each of Rs.30,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that in case the petitioners are arrested in any other criminal case of alike nature, the bail granted to them shall stand automatically cancelled without further reference to the Court. 8. A copy of this order be sent to the concerned Police Station as also to the concerned Court for their information. (MAHESH BHAGWATI)J. Pcg