CRLMB5039/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5039/2010 Abbas Ali Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 25.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Kamal Kumar Mathur, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that co-accused Irfan, at whose instance recovery of stolen articles was made, has already been enlarged on bail by the court of Sessions, Sikar, itself; bail application of the petitioner was rejected only because two previous cases were registered against him in the year 2008; in those cases also he was granted bail; it is contended that he has been made accused in the present case because certain cases were registered against him; petitioner is in jail since 25.02.2010; he would undertake not to indulge in such offence in future and maintain good conduct. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Abbas Ali Son of Mohammad Hanif Naru on bail under Section 439 Cr.P.C., in FIR No.69/2010, CRLMB5039/2010 // 2 // Police Station Kotwali Sikar, District Sikar, for offence under Sections 457 and 380 IPC,, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, the surety to be submitted by the petitioner, shall be verified by the Tehsildar of the concerned area or any other competent revenue authority. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//