1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 8275/2010 Pushp Dayal Vs State of Rajasthan through PP 26.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Pradeep Mathur - for the petitioner Mr GS Fauzdar – for JVVNL Mr Amit Poonia - PP BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that co- accused has been granted bail and case of petitioner stands on same footing. Looking to the aforesaid, petitioner may be granted bail. He further submits that petitioner is ready to pay a sum of Rs.10,000/- before the trial court to show his bona fide. Learned Public Prosecutor as also learned counsel for complainant have opposed the bail application. He submits that copper wire has been recovered from petitioner's possession. Hence, he may not be granted bail. After considering rival submissions of the parties and 2 without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that accused-petitioner namely; Pushp Dayal may be enlarged on bail under section 439 CrPC in FIR No. 103/2010 registered at Police Station – Sultanpur, Kota for offence under Section/s 136 of Indian Electricity Act, 2003 provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. It is, however, made clear that if the petitioner is found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigating Officer is also directed to inform about the same to this court if any case is registered. Copy of this order may be sent to the Investigating Officer concerned for necessary information and compliance if so required. 3 As agreed by learned counsel for petitioner, the amount of Rs.10,000/- shall be deposited by the petitioner with the trial court at the time of furnishing of bail bonds. The amount so deposited may be disbursed as per the final outcome of the trial. (MN BHANDARI), J. bnsharma