BailAppl 1005/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Criminal Misc. Bail Application No.1005/08 Sagar Bhardwaj Versus State [2] S.B. Criminal Misc. Bail Application No.1006/08 Sagar Bhardwaj Versus State [3] S.B. Criminal Misc. Bail Application No.1007/08 Sagar Bhardwaj Versus State [4] S.B. Criminal Misc. Bail Application No.1008/08 Sagar Bhardwaj Versus State DATE OF ORDER : 13/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anil Upman, for accused-petitioner Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material on record. All the four bail applications are of the same accused, who is facing trial for offence u/s.138 of Negotiable Instruments Act. The cognizance was taken against him in September, 2005. The summons were issued, but anyhow bailable and arrest warrants could not be served, thereafter, proceedings have been initiated against him u/ss.82 & 83 Cr.P.C. and after issuance of standing arrest warrant, he was produced before the court and on furnishing bail bonds, he was released. The trial could hardly commence and even person who came forward to give surety also submitted application to withdraw surety bond which he has extended. Again petitioner did not BailAppl 1005/08 [2] appear before the court, his bail bonds were forfeited and now warrants have been issued. He approached earlier before learned trial Judge by filing bail application u/s.438 Cr.P.C. which was dismissed by a detailed order. Counsel for petitioner submits that 15th February, 2008 is the next date on all the four matters and the petitioner has instructed his counsel that he will surrender before learned trial Judge on the said date and will co-operate in all the four respective trials. Public Prosecutor has opposed his submission and submits that looking to conduct of petitioner, who is not co-operating trial, as such no indulgence can be extended to him. Taking note of material on record, this court is not inclined to grant anticipatory bail u/s.438 Cr.P.C. to the accused-petitioner. Consequently, all the four bail applications u/s.438 Cr.P.C. stand dismissed. However, if petitioner surrenders before learned trial Judge, his bail application be simultaneously considered in accordance with law, taking note of his statement which has been referred to supra. [AJAY RASTOGI], J. FRBOHRA1005Bail Application2008 13-2.doc