1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6341/2010 Sunil Kumar Vs. State Date of order : 20/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Upman for the petitioner. Shri Amit Punia, P.P. for the State. Shri Anurodh Chaturvedi for the complainant. ****** 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 the case of the present petitioner is exactly similar to that of co-accused Pawan Kumar, who has already been enlarged on bail by order of this Court dated 10.2.2010. It is alleged against both of them that they caught hold of informant Vinod while accused Uttam, Tikam and Vishnu inflicted vital blow on the person of deceased Gordhan. Learned counsel submitted that petitioner was arrested on 3.11.09. After completion of investigation, challan has already been filed. There is no other case ever registered against the petitioner. He has only been implicated because all the members of the family have been made accused in the present case. The trial of the case is likely to take long. Learned PP and learned counsel for the complainant opposed the bail application but 2 not in a position to distinguish the case of the present petitioner from that of Pawan Kumar who has already been enlarged on bail. Learned Public Prosecutor has opposed the bail application. 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 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 Sunil Kumar S/o Uttam Chand shall be released on bail in F.I.R. No.342/2009, P.S. Roopwas, Distt. Bharatpur for offence u/s.147, 148, 149, 323 and 302 of IPC 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. However, in case the petitioner is found intimidating or otherwise threatening the witnesses, the bail granted to him shall be liable to be cancelled on this ground alone, at the instance of prosecution. (MOHAMMAD RAFIQ), J. RS/