IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6446/2010 Aslam @ Mosam Vs. State of Rajasthan Date of order : 15/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Mahendra Sharma 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 petitioner is that he along with others has committed offence under Secs. 399, 401, 402, 411 379 IPC and Sec. 3/25 of the Arms Act. Recovery of knife has been made at the instance of co-accused Ikram and rod at the instance of accused Abid. One of the co-accused, namely, Abid has already been enlarged on bail by this court vide order dated 16.6.2010 in S.B. Criminal Misc. Bail Application No. 5273/2010. It is further contended that recovery of two stolen motor cycles, for which offence under Section 379 411 IPC was added has been made from accused Ashraf and Sorab. No recovery has been made from the accused petitioner. No criminal case was ever registered against him and that his case stands on better footings than that of co-accused who has already been enlarged on bail. 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 petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitionerAslam @ Mosam S/O Shri Issar shall be released on bail in F.I.R. No. 155/2010, Police Station, Rajgarh, district Alwar 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 trial Court for his 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 if the accused petitioner is found to be indulged in commission of any such offence in future, the bail granted to him shall be liable to be cancelled on this ground alone, at the instance of the prosecution. (MOHAMMAD RAFIQ), J. thanvi