1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.II BAIL APPL NO.8354/2010 Ashok Vs. State Date of order : 30/9/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ajay Gupta for the petitioner. Shri Peeyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that bail application of the petitioner was rejected earlier on the ground of pendency of one more case against him and liberty was granted to him to again apply for bail before the court below after the challan is filed, however, the learned Court below has also rejected his bail application after filing the challan. The petitioner is in jail since 8.5.2010 and the alleged offence against him is one u/s.19/54 of the Rajasthan Excise Act. It is contended that petitioner would not indulge in any offence in future and that he would undertake to maintain good conduct. Learned Public Prosecutor has opposed the bail application and submitted that as per the information collected, it has come to light that there was one more 2 case pending against him. He is thus habitual offender and the liberty of bail should not be granted to him. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Mahavir Prasad shall be released on bail in F.I.R. No.06/2010-11 P.S. Excise, Kotputli, District Jaipur for offence u/s. 19/54 of the Excise Act to his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case, petitioner is found involved in repeating the similar offence at any point of time, the prosecution will be at liberty to apply for cancellation of bail. (MOHAMMAD RAFIQ), J. RS/