1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6658/2009 Ayyub Khan vs. State of Rajasthan Dated : 09.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Girish Khandelwal, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Girish Khandelwal Advocate on behalf of the applicant Ayyub Khan pertaining to F.I.R. No. 33/2008 at police station Laxmangarh, District Alwar, in the offences under Sections 302 and 394 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that initially after completion of investigation charge-sheet came to be filed against the accused persons namely Ramchandra @ Fukkan and Ati Mohd. and the investigation was kept pending under Section 173(8) of Cr.P.C. against the petitioner Ayyub Khan. Thereafter, the police completed investigation in respect of the petitioner also and filed the supplementary charge-sheet in the court but there is not even a shred of evidence on record which could connect the petitioner with the commission of the murder of Captan in the instant case. Learned trial court has set out the charges against the petitioner in the offence under 2 Section 302 and 392 of IPC read with Section 34 of IPC. He has challenged the order with regard to framing of charge and filed a revision in the High Court, which is pending hearing. However, the High Court has stayed the proceedings as also the trial of the case in respect of the petitioner. In view of these circumstances, there being no evidence against the petitioner, he may be granted indulgence of bail. 4. Learned Public Prosecutor has albeit, opposed the bail petition but ultimately conceded that no evidence has emerged against the petitioner except the fact that one vehicle which is alleged to have been used while committing the murder of Captan remained in his possession for a day for the purpose of sale. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Ayyub Khan S/o. Ramjan Khan in F.I.R. No. 33/2008 at police station Laxmangarh, District Alwar shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- together with two surety bonds each in the sum of Rs. 15,000/-, 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. Mak/- s-1