IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc.2nd Bail Application No.8054/2009 Hari Om vs. State of Rajasthan Dated : 21.10.2009 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Govind Choudhary, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Govind Choudhary Advocate on behalf of the applicant Hari Om pertaining to F.I.R. No. 166/2009 of Police Station Vigyan Nagar, Kota in the offence under Section 379 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in one after another criminal case after arresting him on 18.03.2009 in FIR No. 79/09 of police station Jawahar Nagar, Kota. He has further contended that in fact he was taking this tractor to leave it at Devli and on account of accident, this tractor was seized by police. He did not commit any theft of tractor in question. The petitioner has been in custody since 04.04.2009. The case is pending trial, which is likely to take time, hence, may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application on the ground that the petitioner was involved in more than three criminal cases of alike nature. The petitioner is habitual offender, hence, he should not be granted bail. 5. Having considered the submissions made at the bar and perused the relevant material available on record, it is noticed that three more criminal cases are found to have been pending against him at police station Gumanpura, Vigyan Nagar and Jawarhar Nagar, Kota. He has been arrested by the police in three other criminal cases, which are also of like nature. Keeping in view the number of cases pending against him and his blemished antecedents, I without expressing any opinion on the merits of the case do not feel inclined to granted indulgence of bail the petitioner and his second bail petition deserves to be dismissed. The instant case is a case of theft of tractor, which is found to have been recovered from the possession of the petitioner. 6. In the result, the second bail petition filed under Section 439 of Cr.P.C. by the petitioner Hari Om stands dismissed. (MAHESH BHAGWATI),J. Mak/- 82