IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6781/2010 Rajesh Kumar Vs. State of Rajasthan Date of order : 19/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Jai Kishan Yogi for accused petitioner Mr. Amit Poonia, Public Prosecutor for the State Mr. B.S. Poddar for the complainant ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that initially the petitioner was arrested in FIR No. 249/2010 registered at Police Station, Kotwali and thereafter in FIR No. 26/2010 of Police Station, Narayanpur, district Alwar. Except these two cases, no criminal case was ever registered against him. In earlier FIR No. 249/2010 the petitioner has already been enlarged on bail by the Court of Sessions. The offence alleged against the petitioner is one under Sections 136 and 137 of the Electricity Act, which is trial by the Court of Magistrate and the maximum sentence prescribed under the Act is 3 years. Challan in the case has already been presented and trial of the case is likely to take considerable time. According to the learned counsel, petitioner under-takes not to indulge himself in commission of any such offence, in future. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Rajesh Kumar S/O Shri Puran Chand shall be released on bail in F.I.R. No. 26/2010 of P.S. Narayanpura, district Alwar on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. It is made clear that in case the petitioner is found indulged in commission of any such offence in future, this itself wound be a ground for cancellation of his bail at the instance of the prosecution. (MOHAMMAD RAFIQ), J. Thanvi