SB Crlmb No.4113/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4113/2010. Bablu Nath Vs. State of Rajasthan Date of order : 14/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Miss Sweta Pareek for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for petitioner argued that petitioner was arrested on 25/6/2009 after three months of the alleged incident which took place on 29/3/2009. He was not kept 'baparda' before test identification parade and that only evidence that was against him is that he was identified by Mushtal Ali. While, recovery of Purse and identity card has been made from other accused Shyamlal Kanbeliya and Prahlad Kalbeliya, the only recovery that was effected from the petitioner is a currency note of Rs.500/- and that too from an open place. It is contended that his case is on a better footing than that of other two accused persons. Petitioner is in jail for last 11 months. Challan has been filed and trial of SB Crlmb No.4113/10. 2 the case will take a long time and no other criminal case is pending against the petitioner. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper 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 Bablu Nath S/o Mitthan Nath shall be released on bail in FIR No.103/2009 P.S. Sadar, District Bundi for offence u/Ss.394 and 395 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation not to repeat such offence in future and in case he is again found committing such offence, prosecution shall be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J. anil