1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4980/2010 Mohammad Umar Shekh Vs. State Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sandeep Sharma for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that driver Bhagwan Singh was subjected to medical examination, three days after the date of incident, which delay has been sought to be explained by saying that he was given some intoxicating material by the petitioner. The alleged vehicle (Tavera) has already been recovered. There is no previous case registered or pending against the petitioner. Petitioner has been falsely implicated in this case. He is in jail for last about four and half months. Challan has already been filed. Petitioner would undertake to appear before the Court on each and every date and would arrange for local surety. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into 2 consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Mohammad Umar Shekh S/o Mohammad Amin Shekh shall be released on bail in F.I.R. No.14/2010, P.S. Jalupura, Jaipur on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, it is made clear that the sureties to be furnished by the petitioner shall be verified by the Tehsildar of the are concerned. However, in case the petitioner is found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of his bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/