1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 4490/2010 Sikander Vs State of Rajasthan through PP 14.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr MP Meena - for the petitioner Mr Piyush Kumar, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that in view of liberty granted, petitioner had preferred bail application before the court below on filing of the charge sheet. However, on rejection of the same, second bail application has been filed. The allegation is of recovery of 5 litres of liquor from the petitioner. Petitioner is behind bars for the last two months. He will not commit same or similar offence during period of bail, if granted. On the other hand, learned Public Prosecutor has opposed the bail application. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this 2 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 petitioner namely, Sikander may be released on bail under Section 439 CrPC in FIR No. 93/2010 registered at Police Station – Muhana, District – Jaipur City (East) for offence under Section 16/54 of Rajasthan Excise Act provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one local surety in the like amount to the satisfaction of the 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. (MN BHANDARI), J. bnsharma