1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 2823/2010 Mahesh Saini @ Kalu Saini Vs State of Rajasthan through PP 14.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Sanjay Sharma - for the petitioner Mr Piyush Kumar, PP – for the State Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that second bail application has been filed in view of negative FSL report received regarding 'lathi' recovered from petitioner. Petitioner was otherwise not named in the FIR. The main allegations exist against one Bachchu Singh who has been denied bail while others have been granted bail. Case of the petitioner now becomes similar to other co-accused thus, he may be enlarged on bail. On the other hand, learned Public Prosecutor has opposed 2 the bail application. After considering the 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, the bail application is accepted and it is directed that petitioner namely, Mahesh Saini @ Kalu Saini may be released on bail under Section 439 CrPC in FIR No. 15/2009 registered at Police Station – Shivaji Park, District – Alwar for offence under Section 341, 323, 452, 302 and 34 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one local surety in the like amount to the satisfaction of the 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