-1- M.Cr.C. NO.8906/2011 16.12.2011: Shri Sanjay Sharma, counsel for the applicants. Shri S.D. Bohara, G.A for the respondent/State. They are heard with the aid of case diary and Challan papers. This is an application under section 439 Cr.P.C for grant of bail on the ground that similarly placed co-accused viz. Javed has already been released on bail by this Court by order dated 18.11.2011 passed in M.Cr.C.No.8829/2011. In view of this, the earlier order passed on 23.06.2011 would not come in the way of the applicants. As per prosecution case, some unknown persons cut a sandal tree during the night intervening 11.06.2008 and 12.06.2008. The offence was registered against unknown persons. Almost after three years, applicants were arrested and it is submitted that considering the overall facts and circumstances of the case, there is no incriminating material against the applicants except the memorandum under section 27 of the Evidence Act made by Javed. According to counsel -2- for the applicants since Javed has already been granted bail, therefore, the present application deserves to be allowed. We have heard rival submissions at length and we are of the opinion that the present application deserves to be allowed. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them furnishing personal bond in the sum of Rs.25,000/- with separate surety in the like amount to the satisfaction of the trial Court for their appearance before the said Court on the dates as may be fixed in this behalf. C.c on payment of usual charges. (S.K.SETH) JUDGE Hk/