IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.5912/2010 Hakmuddin Vs. State of Rajasthan S.B. CR.MISC.BAIL APPLICATION NO.6181/2010 Niyaz Mohd. & Ors Vs. State of Rajasthan Date of order : 08/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Girish Khandelwal 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 petitioners is that the petitioners have been falsely made accused in the present case on the allegation that they were caught while preparing to commit dacoity. Recovery of country made pistol was made at the instance of petitioner Hakmuddin. Cycle chain was recovered from petitioner Niyaz iron road was recovered at the instance of petitioner Ikramuddin. Learned counsel argued that a false story has been concocted by the police, otherwise the petitioners are agriculturists. Two cases were registered against Hakmuddin in the recent past and in both the cases he has been acquitted. Petitioner Niyaz Mohd. was also involved in a case under Section 379 and 411 IPC in 2005. The petitioners are in Jail for about a month. The investigation may take long time because two accused have not been arrested so far. 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, both the bail applications u/S.439 Cr.P.C. are allowed and it is directed that petitioners(i) Hakmuddin @ Hakku S/O Shri Alisher (ii) Niyaz Mohammad S/O Mamman Deen and (iii) Ikramuddin @ Ikram S/O Noor Mohammad shall be released on bail in F.I.R. No. 77/2010, Police Station, Govindgarh, district Alwar on their furnishing a personal bond in the sum of Rs.50,000/- each together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial, with the stipulation that they shall not repeat such offence in future and in case they are again found committing similar offence, prosecution will be at liberty to apply for cancellation of their bail on this ground alone. (MOHAMMAD RAFIQ), J. thanvi