ORDER : SANDEEP MEHTA, J. 1. The instant second application for bail has been preferred under Section 439 Cr.PC on behalf of the petitioner Mukesh Kumar, who is in custody in connection with FIR No. 249/2016 registered at Police Station Bigod, District Bhilwara for the offences under Sections 452, 395, 397, 302 and 120-B of the IPC. 2. Mr. Deepak Menaria, learned counsel representing the applicant, makes a statement at bar that neither the petitioner has been named by any witness as an assailant nor was any incriminating recovery made at his instance. He submits that the ornaments looted in the incident were recovered from the concerned goldsmiths on the basis of the information’s supplied to the Investigating Officer by the co-accused Dinesh and Naresh. The petitioner was only made to identify the place of occurrence in pursuance of the information recorded by the Investigating Officer under Section 27 of the Evidence Act. As per Mr. Menaria, the said discovery is inconsequential because the place of occurrence was already known to the Investigating Officer. He submits that after rejection of the petitioner's first application, the star prosecution witness Rajendra Kumar, the first informant, has been examined at the trial and he simply stated that he had seen the applicant moving around with the co-accused on the motorcycle on the day of occurrence. As per Mr. Menaria, the said circumstance cannot be considered to be an incriminating one so as to justify the petitioner's incarceration. He, thus, implores the court to accept the instant bail application. 3. Learned Public Prosecutor, though vehemently opposed the submissions advanced by Mr. Menaria, but he too does not dispute the fact that there is no eye-witness of the incident. No incriminating recovery whatsoever was made at the instance of the petitioner during investigation. Thus, apparently the case of the present petitioner is distinguishable from that of co-accused Dinesh and Naresh, at whose instance the looted gold ornaments were recovered. 4. In this view of the matter, the instant second bail application deserves and is hereby allowed. It is ordered that the accused-petitioner namely Mukesh Kumar S/o Shri Bhanwar Lal Khateek arrested in connection with F.I.R No. 249/2016, Police Station Bigod, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs. 100,000/- and two surety bonds of Rs. It is ordered that the accused-petitioner namely Mukesh Kumar S/o Shri Bhanwar Lal Khateek arrested in connection with F.I.R No. 249/2016, Police Station Bigod, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs. 100,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.