CRLMB4760/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4760/2010 Rajesh Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 20.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Pankaj Gupta, 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 petitioner was made an accused in present FIR No.102/2010, which was registered on the basis of complaint subsequent to his arrest in earlier FIR No.77/2010 on 05.03.2010. That FIR was registered for offence under Sections 399 and 402 of IPC, in which petitioner has already been enlarged on bail. There was a seizure of a motorcycle under Section 102 Cr.P.C. in regard to which, complaint was filed on 20.03.2010 by a private complainant alleging that said motorcycle was stolen on 14.02.2010. Petitioner was falsely made an accused in that case. Except these two cases, there is no other criminal case pending against the petitioner. In this case petitioner's arrest was shown on 25.03.2010 otherwise he is in jail for last more than two months; challan has already been filed in the matter; trial of the case is likely to take a long. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it CRLMB4760/2010 // 2 // just and proper to release the accused-petitioner, namely, Rajesh Son of Shri Bane Singh on bail under Section 439 Cr.P.C., in FIR No.102/2010, Police Station Mahuwa, District Dausa, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- 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, 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//