In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R S.B. Criminal Misc. Bail Application No.2163/2010 Sushil Singh Vs. State of Rajasthan Date Of Order :: 5.3.2010 Hon'ble Mr. Justice K.S. Chaudhari Shri Girish Khandelwal, for petitioner. Shri G.S. Rathore, Public Prosecutor. Brief facts of the case are that Ram Charan lodged a report on 21.2.2009 and alleged that some one has stolen his tractor on 17.12.2008.He made search of the tractor and petitioner Sushil Singh asked for Rs.70,000/- to show his tractor. Later on, at the instance of petitioner Sushil Singh, Hakim Khan and Sahib Khan admitted sale of tractor to Jumma Khan. On this report, a case u/s 379, 411, 413, 414 and 34 IPC was registered and after completion of investigation, challan was filed. Heard learned counsel for the petitioner and learned Public Prosecutor. Learned counsel for the petitioner submitted that Hakim Khan and Sahib Khan have already been released on bail and nothing has been recovered from the petitioner and the petitioner who is in custody since last 5 months may be enlarged on bail, whereas learned Public Persecutor opposed bail application and submitted that the petitioner has stolen tractor. It has not been mentioned in the report that the petitioner has stolen the tractor and the tractor has not been recovered and co-accused has been enlarged on bail by the trial court. Without expressing any opinion on merits of the case, I deem it proper to enlarge the petitioner on bail who is in custody since last 5 months. Therefore, the bail application under section 439 Cr.P.C. is allowed and it is directed that petitioner Sushil 2 Singh S/o Shri Malkhan Singh may be released on bail provided he furnishes a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court on usual conditions and shall appear before the trial Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (K.S. Chaudhari),J. Chauhan/