IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IInd Bail Appl. No. 9563/2009 Sahiram vs. State of Rajasthan Dated : 08.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Sriram Yadav, for the petitioner. Mr. Amit Punia, P.P. for the State. *** This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Shri SR Yadav, Advocate on behalf of the applicant Sahiram pertaining to F.I.R. No. 325/2009 of police station Mundawar, District Alwar, in the offences under Sections 420 and 272 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the petitioner was arrested on 4th August, 2009. Thereafter the police after completion of investigation has filed the charge-sheet in the Court, which is pending trial. He further contended that the apparatus and raw-material which is alleged to have been recovered from the possession of the accused are vegetable Ghee and vegetable oil and he was found preparing Deshi Ghee with the aid of essence. No such article is alleged to have been recovered which could prove to be noxious or -2- detrimental to the health of human being. The petitioner has been in custody for more than a period of five and half months. The trial of the case is likely to take time, hence he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the relevant material available on record, it is found that the charge-sheet after completion of investigation has been filed against the accused in the Court which is pending trial and the trial of the case is likely to take time to complete. Hence, in the changed fact situation, I, deem it just and proper to grant indulgence of bail to the petitioner to defend his case independently while remaining on bail and thus his second bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Sahiram S/o Shri Mangtu Ram in F.I.R. No. 325/2009 of police station Mundawar, District Alwar, shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- together with three surety bonds each of Rs.30,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Pcg