IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6435/2010 Lakkhu @ Girdhari Vs. State of Rajasthan Date of order : 13/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Surendra Sharma, counsel for accused petitioner 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. The contention of the learned counsel for the accused petitioner is that the accused petitioner Lakkhu @ Girdhari was arrested on the allegation that he along with three other co-accused was found in possession with one Bolero, which according to the police was stolen, whereas according to the petitioner this Bolero Jeep had been given to them by third party for sale. Learned counsel argued that in all four accused were arrested who were found to be in that Jeep. After recovery of the aforesaid vehicle, out of four accused one of the accused, namely Tonu @ Amar Deep has already been enlarged on bail by this Court vide order dated 27.5.2010 passed in S.B. Criminal Misc. Bail Application No. 4855/2010 and other co-accused, namely, Girdhari Singh in S.B. Criminal Misc. Bail Application No.5340/2010 and Prahlad Singh in S.B. Criminal Misc. Bail Application No.5663/2010 have already been enlarged on bail by this Court vide its order dated 07.07.2010. The case of the present accused petitioner is not in any way distinguishable with that of the co-accused who has already been enlarged on bail. The petitioner has been in jail for about quite some time. Challan has already been filed and trial of the case is likely to take considerable time. 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 petitioner Lakkhu @ Girdhari S/O Shri Manguji shall be released on bail in F.I.R. No. 249/2010, Police Station, Gumanpura, district Kota on his furnishing a personal bond in the sum of Rs.30,000/-each 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, that itself will be a ground for the Prosecution to apply for cancellation of his bail. (MOHAMMAD RAFIQ), J. thanvi