K. H. N. KURANGA, CJ. ( 1 ) HEARD both the counsel. ( 2 ) THIS application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail who is one of the accused in Crime No. 352/2002 registered in Police Station Kota for the offences punishable under Sections, 365, 395, 364, 120-B, 397, 328 of the IPC and Sections 25/27 of the arms Act. It is submitted that there are six accused persons in the case including the applicant. The date of incident is 14/12/2002. ( 3 ) CASE of the prosecution is that when Pawar and Ghasi Ram, the engineers and Mastram, the driver were inspecting the construction of the road, they were kidnapped by six accused persons including the applicant and were taken to Bihar and thereafter taken to Orissa, confined in Rourkela for 21 days and demanded ransom from their parents. ( 4 ) LEARNED counsel for the applicant submitted that the trial Court has released co-accused Joginder on bail on the ground that no dangerous weapon has been seized from him. He submitted that on the information given by Joginder, the co-accused, one mobile phone belonging to Ghasiram, one of the victims, was recovered and he has been granted bail by the trial Court. So far as the applicant is concerned, no weapon is seized from his possession, which is not disputed. The only material against the applicant is that witnesses have identified the applicant in the identification parade held. Learned counsel submitted that co-accused Joginder was also identified by the witnesses and he has been released on bail by the trial Court. He submitted that the case of the applicant is better than that of Joginder and as such the applicant is also entitled for bail. ( 5 ) HAVING regard to the facts and circumstances of the case, the fact that the co-accused has already been released on bail by the trial Court though mobile phone of Ghasiram was recovered on his information and he was identified by the witnesses in the identification parade, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the petition is allowed. Applicant A. Mohan Rao is directed to be released on bail on his executing a bond in the sum of Rs. Accordingly, the petition is allowed. Applicant A. Mohan Rao is directed to be released on bail on his executing a bond in the sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Court. If the applicant fails to appear before the concerned Court even once, the bail granted to him shall automatically stand cancelled and in that event the concerned Court shall take action against the applicant as also against the sureties in accordance with law. ( 6 ) PARTIES are entitled for the certified copy of the order. Petition allowed. --- *** --- .