SB Crlmb No.5114/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5114/2010. Bheemraj Vs. State of Rajasthan Date of order : July 7, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Jagdish Singh Chauhan for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that he has been arrested for making an attempt to break open the lock and commit theft. In fact, no theft was ever committed. Petitioner was arrested on 10/3/2009. Previous case of theft against the petitioner pertains to the year 2006 and thereafter there is no case of theft ever registered against him. Investigation is complete. Challan has been filed. Petitioner would undertake not to indulge in similar offence at any point of time in future. Trial will take long time. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on SB Crlmb No.5114/10. 2 record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Bheemraj S/o Kanhaiya Lal shall be released on bail in FIR No.63/2009 P.S. Cheepabarod, District Baran for offence u/Ss.457, 380 and 511 IPC 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that in case petitioner is again found indulged in committing criminal offence in future, the bail granted to him would be liable to be cancelled at the instance of the prosecution. (MOHAMMAD RAFIQ), J. anil