1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4025/2010 Insaf Ali Vs. State Date of order : 28/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shamsuddin Ansari for the petitioners. Shri Amit Punia, P.P. 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 petitioner is that petitioner was initially arrested in FIR No.161/2009 lodged with Police Station Gumanpura, Kota City for offence u/s.379 of IPC and thereafter a number of cases were registered against him and co-accused Lakhan Singh one after the other. The recovery of alleged stolen motorcycle has been made at the instance of either of them. Lakhan Singh has been enlarged on bail in all these cases. Petitioner is also given benefit of bail in most of the cases. In the present case, learned counsel submitted that despite of issuance of warrants, witnesses are not appearing for last several months ever since framing of charge on 11.11.2009. Petitioner is in jail for last eleven months. Co-accused Lakhan Singh has been enlarged on bail by coordinate bench of this Court in S.B. Cr. Misc. Bail Appl. No.2072/2010 vide order dated 7.4.2010. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into 2 consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Insaf Ali S/o Mahmood Ali shall be released on bail in F.I.R. No.391/09, P.S. Gumanpura, Kota City for offence u/s.379, on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- 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. The surety bond submitted by the petitioner shall be verified by the Tehsildar of the area concerned. However, in case the petitioner is found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of his bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/