IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6710/2010 Khairati @ Banwari Vs. State of Rajasthan Date of order : 5.8.2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Kartar Singh for the accused petitioner Mr. G.S.Rathore, Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the petitioner was made accused for commission of offence under Sections 399, 402 and 120-B IPC and Section 3/25 of the Arms Act and was arrested on 10.3.2010 and since then he has been in judicial custody. Out of alleged four cases pending against him, two are of accident, and one is u/s 379 IPC and other one is u/s 3/25 of the Arms Act. Co-accused Vijay Singh, Chand Ram and Rajesh have already been enlarged on bail by the Co-ordinate Benches of this Court. Case of the present petitioner is similar with that of co-accused who have already been enlarged on bail. Challan has already been filed and trial of the case is likely to take considerable time. On the other hand, learned Public Prosecutor has opposed the bail application. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Khairati @ Banwari S/O Shri Shiv Lal shall be released on bail in F.I.R. No. 77/2010 of P.S. Mahwa, district Dausa 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 trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, it is made clear that in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this Court in the present case and in other cases pending against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi