SBCRLMB No.5992/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER S.B.CR.MISC.BAIL APPLICATION NO.5992/2010. Nafish Vs. State of Rajasthan Date of Order:- July 20, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ali Mohd.Khan for petitioner. Shri Amit Poonia Public Prosecutor. ****** 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 the learned counsel for petitioner is that simple dispute has been given the shape of offence u/S.392 IPC. Petitioner has been falsely implicated in the present case. Otherwise, the motorcycle which was used by the petitioner with another co-accused was recovered from the site of incident itself. No further recovery is sought to be made at the instance of the petitioner. Petitioner was arrested on 2/6/2010 and since then he is in jail. Investigation of the case is still pending and completion thereof may take a considerable time. Petitioner would undertake not to repeat the similar offence in future and maintain good conduct. SBCRLMB No.5992/10. 2 Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper 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 – Nafish S/o Battu Khan shall be released on bail in FIR No.121/2010 P.S. Ramgarh, District Alwar for offence under Section 392 IPC on 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ) J. anil