1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CR.MISC.BAIL APPLICATION NO.4710/2010 Deewan Singh Vs. State 2. S.B. CR.MISC.BAIL APPLICATION NO.4109/2010 Rakesh vs. State Date of order : 27/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.S. Bikarwar ) Shri Nripendra Sinsinwar ) for the petitioners. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that the offence alleged against the petitioners is under Sections 394, 397, 307 IPC and u/s. 3/25 of the Arms Act, whereas the main allegation of using firearm is against co-accused Rajendra at whose instance, the country made katta has been recovered. It is contended that co- accused Gulab Singh has already been enlarged on bail by ld. trial court. Petitioners are in jail for last five months and that challan has already been filed. There is no previous case registered against the petitioners. Trial of the case is likely to take long time. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on 2 the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Deewan Singh S/o Panniram & (2) Rakesh S/o Doongar Singh shall be released on bail in F.I.R. No.18/2010, P.S. Chiksana, Distt. Bharatpur for offence u/s. 394, 397, 307, 384 of IPC and 3/25 of Arms Act, provided each of them furnishes 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 trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case the petitioners are found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of their bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/