1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4420/2010 Sajid @ Sanju & Anr. Vs. State Date of order : 28/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Nawal Singh Sikarwar for the petitioners. Shri Amit Punia, P.P. 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 petitioners were falsely implicated in this case. The complainant sustained only two simple injuries. The offence u/s.365 has wrongly been added just because the uncle of the complainant was Sub-Inspector in Police. The other three cases against the petitioners are u/s. 323 and 341 of IPC, which are of minor nature. There is a dispute between the petitioners and complainant about the money, which complainant had borrowed from the petitioners and was not refunded and, therefore, incident took place. Petitioners Sajid @ Sanju and Abid Khan are in jail since 20.4.2010 and 30.4.2010 respectively. Challan has already been filed and trial of the case is likely to take long. Learned Public Prosecutor has opposed the bail application. 2 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 petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Sajid @ Sanju S/o Yakub & (2) Abid Khan S/o Yakub shall be released on bail in F.I.R. No.230/2010, P.S. Kotwali, Distt. Dausa for offence u/s. 323, 341 & 365 IPC provided each of them furnishes 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 their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. The surety bond submitted by the petitioners shall be verified by the Tehsildar of the area concerned. However, in case the petitioners are found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of their bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/