IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6733/2010 Siya Ram Vs. State of Rajasthan Date of order : 19/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Vinod Kumar Sharma 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. Contention of the learned counsel for the accused petitioner is that the petitioner has been falsely involved in the present case as would be evident from the first version given by the informant in the FIR. in which it has been alleged that three persons, namely, Jai Prakash Meena, Bhura Lal and his brother Ramhet Meena came at the place of incident on a motor cycle and severely assaulted his brother. According to learned counsel, neither the informant nor three eye witnesses have named the accused petitioner. However, he has been involved on the basis of subsequent statement that he was standing at the place of incident. He has been in Jail since 8.4.2010. Challan has already been presented and trial of the case is likely to take consideration time. On this strength, learned counsel argued that petitioner is entitled to be extended the benefit of Section 439 Cr.P.C. 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 Siya Ram S/O Shri Dhanna Lal shall be released on bail in F.I.R. No. 43/2010 of P.S. Mangrol, district Baran 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. (MOHAMMAD RAFIQ), J. Thanvi