S.B. CR.MISC.BAIL APPLICATION NO.1903/2007. Ramavtar @ Ramottar @ Deepak @ Deepu @ Rajveer Singh Vs. State Date of order : 13/4/2007. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Gangwar for the petitioner. Shri Harshvardhan Nandwana P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and considered the materials placed on record. Learned counsel for the petitioner submits that even though the prosecution did not file challan in the present case as per the mandatory requirement of Section 167(2) Cr.P.C. within sixty days, yet the learned court of Additional District and Sessions Judge, Kishangarhbas refused to enlarge the petitioner on bail by citing his antecedents. Even otherwise, the police has completed the investigation and filed challan then also now nothing is remains to be recovered at the instance of the petitioner. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration the facts and circumstances of the case, the nature of allegation and evidence 1903/2007 ( 2 ) against the petitioner and the inevitable consequence of infraction of Section 167(2) Cr.P.C. is the release of the accused and the fact that the challan has not been filed, I deem it appropriate to enlarge the petitioner on bail during the pendency of trial. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ramavtar @ Ramottar @ Deepak @ Deepu @ Rajveer Singh S/o Bajrang Lal shall be released on bail in F.I.R. No.286/2005 P.S. Madanganj, Ajmer subject to his furnishing a personal bond in the sum of Rs.20,000/- together with two sureties in the sum of Rs.10,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing until conclusion of the trial. In case, the petitioner is found repeating the similar offence at any point of time in future, the prosecution would be at liberty to apply for cancellation of his bail before the trial court in same other on this ground alone. (MOHAMMAD RAFIQ), J. anil