1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4963/2010 Sheru Vs. State Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh for the petitioner. Shri Amit Punia, P.P. 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 petitioner is that principal accused Wali Mohammed from whom recovery of two iron rod, one lathi and one desi katta was made has already been enlarged on bail in S.B. Cr. Misc. Bail Appl. No.8629/2009 vide order dated 27.10.2009. Another co-accused Usman has also been enlarged on bail by order dated 5.4.2010 in S.B. Cr. Misc. Bail Appl. No.2855/2010. The case of petitioner stands on better footing than that of Wali Mohammed. He has subsequently been made accused on the alleged information gathered from Wali Mohammed, whereas he was arrested from the scene of the occurrence. There is no previous criminal case against the petitioner. He is in jail for quite some time. Investigation is complete and trial of the case is likely to take long. 2 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 Sheru S/o Idrish shall be released on bail in F.I.R. No.400/09, P.S. Tijara, Distt. Alwar for offence u/s. 399 & 402 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- 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 indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of his bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/