IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6542/2010 Subash @ Chintu & Ors Vs. State of Rajasthan Date of order : 15/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Dileep Singh Jadaun for accused petitioners Mr. Amit Poonia, 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 petitioners is that the accusation against the petitioners is that they have committed offence under Sec. 392 IPC. The allegation levelled against the accused petitioner does not attract Section 392 IPC. It is alleged that the petitioners and one other accused got filled petrol from Yadav Filling Station in the tank of their Sentro Car and on asking for payment they threatened the complainant. Co-accused Ankur Singh has already been released on bail by the Court of Sessions on the ground that he could not be identified in the identification parade. The bail application of the present petitioner was dismissed on the ground of their identification by the complainant and pendency of one more case, whereas the fact is that co-accused Ankur Singh is also an accused in the case in which the petitioners were accused. Even otherwise, petitioner Subhash and Ravindra were arrested on 25.3.2010 and 27.3.2010, respectively and have remained behind the bar for about four months. Investigation is complete. Challan has also been filed and trial of the case is likely to take considerable time. Petitioners under-take not to indulge themselves in any such offence in future. 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 petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners Subhash @ Chintu S/O Shri Dalip Singh and Ravindra @ Kalu S/O Dalip Singh shall be released on bail in F.I.R. No. 86/2010, Police Station, Aravali Vihar, Alwar on their furnishing a personal bond in the sum of Rs.50,000/-each together with two sureties in the sum of Rs.25,000/- 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. It is made clear that the bail bonds to be presented by the accused petitioners shall be verified by the concerned Tehsildar indicating therein that if the accused petitioners are found to be indulged in commission of any such offence in future, the bail granted to them in the present case and in the case already pending against them shall be liable to be cancelled at the instance of the prosecution. (MOHAMMAD RAFIQ), J. thanvi