IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6962/2010 Fakru Vs. State of Rajasthan Date of order : 23/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sanjay Singhal for accused petitioner Mr. G.S.Rathore,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 offence alleged against the petitioner is one under Sections 395 and 397 IPC. Co-accused Dabba Gundiya, Malla Bariya and Ramsan have already been enlarged on bail vide order dated 26.4.2010 of this Court passed in Bail Application NO.3575/2010, on the ground that two key witnesses of identification, who had identified them at the identification parade namely, PW1 Rameshwar Mittal and PW2 Girraj turned hostile. Co-accused Manaka @ Manak Chand has also been enlarged on bail by this Court vide order dated 15.2. 2010. Petitioner was not even identified by the above named two witnesses in the test identification parade who have been declared hostile and therefore, the case of the present petitioner is exactly similar to that of co-accused who have already been enlarged on bail. There is no criminal case pending against the petitioner. 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 Fakru S/O Meshu shall be released on bail in F.I.R. No. 190/2008 of P.S. Kelwada, district Baran 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, it is made clear that in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case and in other two pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi