1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6651/2009 Sakil Khan vs. State of Rajasthan Dated : 04.09.2009 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Abdul Kalam Khan, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Abdul Kalam Khan Advocate on behalf of the applicant Sakil Khan pertaining to F.I.R. No. 243/2008 of police station Kishorpura, Kota, in the offences under Sections 379 and 411 of IPC. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in this case. Neither there is any evidence with regard to committing theft of the vehicle nor receiving the same, knowing it to be stolen or having reason to believe the same to be stolen. Hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do deem it just and proper to grant bail 2 to the accused petitioner, as nothing has emerged against him on record that he committed theft of the vehicle or he received this vehicle knowingly to be stolen or having received to believe the same to be stolen. 6. It is, therefore, ordered that the accused petitioner Sakil Khan S/o. Sallukhan in F.I.R. No. 243/2008 of police station Kishorpura, Kota, shall be released on bail on furnishing a personal bond of Rs.5,00/-together with one surety bond in the like amount to the satisfaction of the learned trial Court with the stipulation that he shall 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. Mak/- s-1