SB Crlmb No.5107/10 v. State of Rajasthan

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh Sinsinwar for petitioner. Shri G.S. Rathore, Public Prosecutor for State. ****** Heard learned counsel for petitioner as well as learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that challan has been filed against the petitioner only for offence under Section 3/25 of the Arms Act and Section 5 of the Explosive Substance Act, 1908 for which petitioner was earlier arrested and was dropped by the investigating agency for filing the challan. There is no previous criminal case registered against the petitioner. He was arrested on 16/5/2010 and since then he is in jail. Challan has already been filed. Nothing is to be recovered from him. Learned Public Prosecutor has opposed the bail application but is not in a position to dispute the correctness of the submissions made by the learned counsel for the petitioner. SB Crlmb No.5107/10. 2 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 Birbal S/o Shri Ghasiram shall be released on bail in FIR No.144/2010 P.S. Ranoli, District Sikar for offence u/S.5 of the Explosive Substance Act, 1908 on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J.