SB Crlmb No.10542/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.SECOND BAIL APPLICATION NO.10542/2010. Akhtar Ali Vs. State of Rajasthan Date of order : November 29, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Upman for the petitioner. Shri Mahendra Meena Public Prosecutor for State. ****** This second bail application u/s.439 Cr.P.C. has been filed by the petitioner inter- alia on the ground that his first bail application was rejected on the ground that one more case was still pending against the petitioner. The application was rejected with liberty to the petitioner to apply for bail again before the court of sessions after the statements of the key prosecution witnesses are recorded. It is contended that their evidence disclosed the offence against co-accused Shabbir, who has already been enlarged on bail by the trial court itself. The earlier bail application of the petitioner was rejected on the ground that one more case was still pending against the petitioner in which, he has been discharged by the court of sessions vide order dated 9/7/2010. There is no element of offence u/S.489C IPC against the petitioner. He was found in possession of fake SB Crlmb No.10542/10. 2 currency notes worth Rs.12,600/- whereas, similar allegation was against Shabbir from whom possession, fake currency notes worth Rs.12,600/- were recovered. There was only one more case except the present one, in which petitioner has been discharged by the court of sessions. He is in jail for more than eight months. Learned Public Prosecutor has opposed the bail application but could not distinguish the case of the petitioner from that of co-accused Shabbir. Having regard to the facts aforesaid and considering 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 – Akhtar Ali S/o Shri Asraf Ali @ Afsar Ali shall be released on bail in FIR No.80/2010 P.S. Tapukra, District Alwar for offence u/Ss.489B and 489C 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 SB Crlmb No.10542/10. 3 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