1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No.6924/2009 Kaushal Kumar & Another vs. State of Rajasthan Date of Order :: 11.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Kumar Sharma, counsel for the petitioners. Mr. Amit Poonia, Public Prosecutor for the State. Mr. G.S. Fauzdar, counsel for the complainant-JVVNL This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sanjay Kumar Sharma, Advocate on behalf of the petitioners pertaining to F.I.R. No. 252/2009 of police station Sadar, District Jhalawar in the offence under Section 379 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. The petitioners are alleged to have committed the they of cable and wire from the electricity pole. 4. The learned counsel for the petitioners has canvassed that they have been falsely implicated in this case. The theft was committed by somebody else and 2 they were nabbed by the villagers under wrong impression. The petitioner no.2 Tikam Chand is a student of Xth standard. They have been in custody for quite a long time. In case the bail application is disallowed, the educational career of the petitioner shall be marred, hence they may be granted indulgence of bail. 5. Learned Public Prosecutor has opposed the bail application. 6. Having considered the submissions made at the bar and perused the relevant material available on record, I without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the petitioners and their bail application deserves to be allowed. 7. It is, therefore, ordered that the accused petitioners (i) Kaushal Kumar S/o Bal Chand; and (ii) Tikam Chand S/o Laxmi Narayan in F.I.R. No. 252/2009 of police station Sadar, District Jhalawar shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) together with two surety bonds each of Rs.25,000/- (Rs. Twenty Five Thousand) to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so till the trial is concluded. 8. However, it is made clear that in case the petitioners are arrested in any other criminal case of alike nature, the 3 bail granted to the petitioners shall stand automatically cancelled without reference to this Court. 9. A copy of this order be sent to the concerned trial court and concerned police station for information. (MAHESH BHAGWATI), J. DK/-