IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7224/10 Babu Lal & Anr. Vs. State of Rajasthan Date of order : 29/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Santosh Kumar Jain for accused petitioners Mr. Amit Poonia,Public Prosecutor 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 accused petitioner is that the allegation of causing fatal injury by `Lathi' to deceased was attributed to co-accused Mathuralal and the petitioners were named in the FIR only on omnibus allegation. Co-accused Heera Lal who was arrested on the similar allegation has already been enlarged on bail by this Court vide order dated 7.7.2010 passed in Bail Application No. 3736/2010. Likewise, co-accused Phool Chand, Nemi Chand and Moti Lal against who similar allegation was levelled have also been enlarged on bail by this Court vide order dated 26.7.2010 passed in Bail Application No. 7002/2010. No other criminal case was ever registered against them. 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 petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Babu Lal S/O Shri Sharwan and (2) Hemraj S/o Phool Chand shall be released on bail in F.I.R. No. 16/2010 of Police Station Nahargarh, district Baran, provided each of them furnishes a personal bond in the sum of Rs. 30,000/- together with two sureties of Rs. 15000/- each to the satisfaction of the trial Court for their appearance in that Court on all dates of hearing and whenever called upon to do so. However, it is made clear that in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi