1 S.B.Cr.Misc. Bail App. No. 1012/2008 (Makhan Singh @ Jasvir Singh Vs. State of Rajasthan) Date of order : 10/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Niranjan Singh for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers as also the statement of witnesses more particularly the statement of PW-1 Mohanlal. It is contended by learned counsel for the petitioner that no cash has been recovered from the petitioner and he has not been identified by any of the witnesses in the identification parade and only two persons namely Baljindra Singh and Jogendra Singh have been identified by witness PW-1. But so far as the present petitioner is concerned, he has not been identified and witness admitted that he could not identify the accused petitioner in the identification parade before Judicial Magistrate. Looking to the facts and circumstances of the case and the fact that the case of the present petitioner is distinguishable from that of co-accused from whom amount has been recovered, having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Makhan Singh alias Jasvir 2 Singh S/o Sampuran Singh be released on bail in FIR No. 28/2004 P.S. Rawatsar, district Hanumangarh, provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP