CRLMB4767/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4767/2010 Mohmad Azhar @ Nikku Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 19.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Dinesh Singh, 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 petitioner was initially arrested in FIR No.621/2009 on 14.10.2009 and during investigation in that FIR, on the basis of certain information found to have been obtained from other two accused and on that basis his arrest was shown. In other two cases i.e. FIR No.622/2009 and 1410/2009 the recovery of motorcycle was shown at the instance of one Mukesh under Section 102 Cr.P.C. and subsequently the petitioner was made accused in the alleged theft of that motorcycle. Except these three cases, which have been registered one after another in a series after initial arrest of the petitioner, there is no other case of theft or of any other nature pending against petitioner. Petitioner would undertake not to indulge in any offence in future and would maintain good conduct. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing CRLMB4767/2010 // 2 // any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Mohmad Azhar @ Nikku Son of Shri Sharif Ansari on bail under Section 439 Cr.P.C., in FIR No.622/2009, Police Station Gumanpura, Kota, District Kota, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25000/- 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 petitioner is found indulged in similar offence at any point of time the prosecution would be at liberty to apply for cancellation of his bail before the court of Sessions, Kota, itself on this ground alone. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//