1 39 S.B. CRIMINAL MISC. 2nd BAIL APPLICATION NO.5557/2009. Banwari Lal Vs. The State of Rajasthan Date of Order :: 5th November 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.S. Chouhan, for the petitioner. Mr. M.A. Bhurat, Public Prosecutor. ... The petitioner, accused of offences under Sections 457, 380 IPC, has moved this second bail application under Section 439 Cr.P.C. after filing of the charge sheet. The first bail application bearing number 3588/2009 was dismissed as withdrawn on 22.07.2009 with liberty to the petitioner to move afresh after filing of the charge-sheet. Learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2009 and no useful purpose would be served with further detention of the petitioner. Learned counsel further submits on instructions that the petitioner was indeed involved in two criminal cases respectively for the offences under Sections 323 & 341 and under Sections 363, 366 IPC but has been acquitted in both such cases and no other case is pending against him. The learned Public Prosecutor is not in a position to controvert the submissions as made regarding other cases against the petitioner. Having regard to the overall facts and circumstances, it appears appropriate to enlarge the petitioner on bail but with 2 the condition that if he would be found involved in any other criminal case or there be anything wrong or incorrect about the information stated before the Court, the Prosecution shall be entitled to seek cancellation of the bail being granted to the petitioner in this case. It is further made clear that if the petitioner would be found involved in any other criminal case during bail, the Prosecution would be entitled to seek cancellation of his bail in this case. The stipulations aforesaid shall be distinctly mentioned in the bail bonds to be furnished by the petitioner. Subject to the requirements aforesaid, this bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Banwari Lal @ Bhura S/o Badri Lal Bairagi be released on bail in relation to FIR No. 138/2009, Police Station Nathdwara, District Rajsamand provided he executes the requisite personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with two sound and solvent sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned Trial Court for his appearance before that court on each and every date of hearing and whenever and wherever called upon to do so till the completion of trial. (DINESH MAHESHWARI), J. /Mohan/