SB Crlmb No.4117/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4117/2010. Arjun alis Kalua Vs. State of Rajasthan Date of order : 21/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Himmat Singh Bikarwar for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner was initially arrested in FIR No.397/2009 by Police Station Vidhyadhar Nagar, Jaipur on 24/2/2010. Thereafter, his arrest was shown in other three FIRs i.e. FIR Nos.425/2009, 426/2009 and 467/2009 on the same day by Police Station Murlipura, Jaipur. Earlier than the said arrest, petitioner was neither made an accused in any of the criminal case nor he was ever arrested. He was arrested in the instant case only because he happens to be brother-in-law of co-accused Manoj and was present at his house when police went to arrest him. He had gone there to meet his sister. It is contended that SB Crlmb No.4117/10. 2 15-16 cases are pending against co-accused Manoj and in most of the cases, he has been enlarged on bail by the orders passed by the learned Additional District and Sessions Judge No.3, Jaipur City, Jaipur. In one of the case, this Court also enlarged the present petitioner on bail in S.B. Cr.Misc.Bail Application No.3803/2010 vide order dated 30/4/2010. Learned counsel for petitioner submitted that petitioner undertakes that he would not indulge in committing similar offence in future. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Arjun alias Kalua S/o Dharm Singh alias Mal Singh shall be released on bail in FIR No.425/2009 P.S. Murlipura, Jaipur for offence u/S.392 IPC 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial and with the further stipulation SB Crlmb No.4117/10. 3 of petitioner's furnishing two sureties each in the sum of Rs.25,000/- which shall be verified by the Tehsildar of the area concerned. In case, petitioner is again found committing similar offence in future, prosecution shall be at liberty to apply for cancellation of his bail on this ground alone, which would be sufficient reason for cancellation of bail. (MOHAMMAD RAFIQ), J. anil