1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 8547/2010 Bannaram Vs State of Rajasthan 7.10.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Ashish Gurjar for Mr G Khandelwal - for the petitioner Mr GS Rathore - Public Prosecutor BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that first bail application was withdrawn with liberty to file a fresh one on submission of charge sheet. Charge sheet has now been submitted. Petitioner is driver of the vehicle thus he cannot have any interest. It is only the owner who can have interest in the occurrence and, otherwise, total amount involved is nearly Rs.25040/-. Looking to aforesaid and the fact that petitioner is behind bars for last more than two months, he may be enlarged on bail. Learned Public Prosecutor has opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. 2 Accordingly, the bail application is accepted and it is directed that accused-petitioner namely; Bannaram may be enlarged on bail under section 439 CrPC in FIR No. 236/2010 registered at Police Station – Kekri, Ajmer for offence under Section/s 420, 467, 471 and 120-B IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma