CRLMB3905/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3905/2010 Idrish Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 15.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Asgar Khan, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the petitioner was allegedly arrested in the present case on 23.01.2010 and thereafter he was shown arrested in other three cases in which the police was unable to nab the real culprits; these cases were already registered on 17.09.2009, 09.11.2009 and 10.11.2009. This Court by order dated 06.07.2010 specifically asked the learned Public Prosecutor to verify whether after arrest of the petitioner in the present case, other cases were registered against him in sequence of the events which have been disclosed by the petitioner. The learned Public Prosecutor could not show that after arrest of the petitioner in the present case any case was registered against him of any overt- act and further he also could not controvert the events as unfolded in the manner indicated by the petitioner. The petitioner was arrested about six months ago; challan has been filed; trial of the case will take a long. Learned Public Prosecutor opposed the bail application. CRLMB3905/2010 // 2 // After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Idrish Son of Shri Jafarrudin on bail under Section 439 Cr.P.C., in FIR No.45/2010, Police Station Vidhyadhar Nagar, Jaipur, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, 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 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. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//