Cr Bail 9436/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Msc. 2nd Bail Appl. No.9436/2008 Ramkesh Versus State Date of Order ::: 13/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. RR Baisla, for applicant Mrs. Alka Bhatnagar, Public Prosecutor for State. First bail application No.021/08 filed by petitioner was dismissed vide common order dt.15/02/08 alongwith Cr.Msc.Bail Appl. No.8783/2007 (Ganpat Lal Vs. State). Hence petitioner has filed instant 2nd bail application. Counsel submits that after rejection of 1st bail application, statements of prosecution witnesses have been recorded including of alleged informer & eye witness Pramod Sharma (Pw5), wherein petitioner has not been named. Counsel has further brought to the notice of this Court that other co-accused identically situated namely Ramchandra arising out of self-same FIR-101/07 – taking note of statements of prosecution witnesses recorded so far, has been enlarged on bail vide order dt.05/05/09 and petitioner herein is in judicial custody since 19/06/07 while the trial may take its own time to conclude. Cr Bail 9436/08 //2// Taking into consideration all the facts & circumstances and the fact that petitioner is in judicial custody for almost two years and without expressing any opinion on merits, this Court deems it proper to allow bail application U/s 439, CrPC with the condition that in case he commits any offence during the period of bail then the order of bail passed today shall stand cancelled automatically without further reference to this Court. Accordingly it is ordered that applicant (Ramkesh) be released on post-arrest bail U/s 439 CrPC in FIR-101/2007 registered at PS Bonli (Sawai Madhopur) for offences alleged provided he furnishes personal bond in a sum of Rs. 50,000/- (fifty thousand) with two sureties each for Rs. 25,000/- to the satisfaction of trial Court for his appearance before that court on subsequent dates of hearing whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.2/9436Cr2ndBl08-39May13.doc