S.B.CR. MISC. BAIL APPLICATION NO.7514/2008 YOGESH @ VIKAS VS. STATE OF RAJ. S.B.CR.MISC. BAIL APPLICATION NO.7289/2008 HITESH @ ILU VS. STATE OF RAJ. 13.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. NU Qazi for the petitioner (in bail petition No.7514/2008) Mr. Surendra Sharma for the petitioner (in bail petition No.7289/2008) Mr. Jinendra Jain, Public Prosecutor for the State. Since both the aforesaid bail petitions pertain to and arise out of FIR No.470/2008 registered in the offence under Section 379 of IPC at Police Station Gumanpura, Kota, they have been heard together and are being disposed of by this common order. Heard the learned counsel for the accused petitioners Yogesh @ Vikash and Hitesh @ Ilu as also the learned Public Prosecutor appearing for the State and perused the impugned bail orders rendered by lower Court. Having reflected over the submissions made at the bar, it is noticed that Motorcycle, a subject of the offence, is found to have been recovered at the instance of accused Pankaj who has already been enlarged on bail by the Co- ordinate Bench. It is also noticed that the key and the number plate of the Motorcycle are found to have been recovered at the instance of the accused Yogesh @ Vikash. The bail petition of Hitesh @ Ilu was rejected by the lower Court on the ground that he was involved in two other criminal cases. Keeping in view the facts and circumstances of the case, the fact of recovery of the Motorcycle at the instance of the accused Pankaj, I, without expressing any comments on the merits of the case, feel inclined to grant bail to both the accused petitioners Yogesh @ Vikas and Hitesh @ Ilu. It is, therefore, ordered that the accused petitioners Yogesh @ Vikash S/o Shri Suresh Chand and Hitesh @ Ilu S/o Shri Asha Ram in FIR No.470/2008, Police Station Gumanpura, Distt. Kota shall be released on bail on their furnishing personal bonds each of Rs.1,00,000/- (Rs. One lakh) together with two surety bonds each of Rs.50,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG