1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 8378/2010 Beerbal Kulhariya Vs State of Rajasthan through PP 8.9.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Narayan, petitioner's uncle BY THE COURT: It is stated that petitioner has been made accused for an offence under section 411 IPC. Main allegations exist against co-accused Mukesh who has stolen the motor cycle. Petitioner is bona fide purchaser of the motor cycle for Rs.25,000/- with an understanding that initial payment would be Rs.20,000/- and remaining payment of Rs.5,000/- would be paid on transfer of the vehicle as it was stated that motor cycle has been financed thus on clearing it by Mukesh documents would be released and remaining amount of Rs.5000/- would be paid subsequently. Petitioner has acted bona fide on the averments of co-accused Mukesh. Hence, petitioner may be enlarged on bail. After considering aforesaid submissions, 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; Beerbal Kulhariya may be enlarged on bail under section 439 CrPC in FIR No. 76/2010 registered at Police Station – Vidhyadhar Nagar, Jaipur for offence under Section/s 379 and 411 IPC provided, he furnishes a personal bond in the sum of Rs.50,000/- 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. It is, however, made clear that if the petitioner is found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigating Officer is also directed to inform about the same to this court if any case is registered. (MN BHANDARI), J. bnsharma