1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 9946/2010 Udaiveer Singh Vs State of Rajasthan through PP 2.11.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Karni Ola - for the petitioner Mr GS Fauzdar, PP – for the State Mr BS Rathore – for complainant BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that so far as petitioner is concerned he is behind bars for last three months. Other than this, no case is pending against him. He has been falsely implicated in the matter. Petitioner is in police services. He will maintain good conduct during period of bail, if granted. Hence, petitioner may be enlarged on bail. Learned Public Prosecutor as also learned counsel for complainant have opposed the bail application. Learned counsel for complainant submits that petitioner is acting as supporter of land mafia specially one Hari Singh. Earlier also, cases were registered against petitioner. Petitioner, being in police force, is actively involved with land mafia and used to threat complainant. Looking to the aforesaid, petitioner may not be enlarged on bail. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may 2 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, bail application is accepted and it is directed that accused-petitioner namely; Udaiveer Singh may be enlarged on bail under section 439 CrPC in FIR No. 428/2010 registered at Police Station – Jhotwara, Jaipur for offence under Section/s 147, 148, 149, 323, 325, 307, 382 and 452 IPC 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. It is also made clear that petitioner will maintain good conduct during period of bail and , in case any threat is given to the complainant, then complainant would be free to file application for cancellation of this bail order. Aforesaid liberty lies even for the prosecution. Copy of this order may be sent to the Investigating Officer concerned for necessary information and compliance, if so required. (MN BHANDARI), J. bnsharma