1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 8080/2010 Babu Singh @ Billu Vs State of Rajasthan through PP 24.9.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr TC Sharma - for the petitioner Mr GS Fauzdar, PP - for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that co- accused Sawai Singh has been enlarged on bail in fourth bail application. Therein statement of Vikram Singh was taken into consideration. Perusal of statement of Vikram Singh clearly shows that case of the petitioner is similar to that of co-accused Sawai Singh, who has been enlarged on bail by the co-ordinate Bench. Learned trail court has dismissed the bail application of the petitioner taking it to be a case where only one witness is left to be examined, whereas, eleven witnesses are still there to be examined. Trial may take time. Petitioner is behind bars for more than a year and half. Thus, petitioner may be enlarged on bail. Learned Public Prosecutor has opposed the bail 2 application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, second bail application is accepted and it is directed that accused-petitioner namely; Babu Singh @ Billu may be enlarged on bail under section 439 CrPC in FIR No. 155/2008 registered at Police Station – Kotputali, Jaipur for offence under Section/s 302 and 201 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma