CRLMB9061/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 2nd Bail Application No.9061/2010 Jarnel Singh alias Jela Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 13.12.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Girish Khandelwal, Counsel for petitioner Shri Mahendra Meena, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that there is no specific allegation against petitioner in first information report. Main allegation of giving threat to complainant at gun point is against co-accused Chhindar Singh. His bail application was dismissed as withdrawn with liberty to file afresh after challan is filed. Petitioner has filed second bail application after challan is filed. It is contended that petitioner although has four earlier cases registered against him but one case against him is under Section 498-A IPC whereas remaining three are under Section 16/54 of the Rajasthan Excise Act registered respectively in years 2005, 2006 and 2007. Complainant and all other persons accompanying him were employees of a contractor having contract of Indian made foreign liquor and due to this rivalry petitioner was falsely implicated in present case. Learned counsel referred to statements of Titu @ Hemant, Pintu @ Avish Kumar and Hardayal to bring home the point. Challan has already been filed. Trial of the case CRLMB9061/2010 // 2 // will take long. Learned Public Prosecutor opposed the bail application. After considering all facts and circumstances of case and without expressing any opinion on its merits and demerits, I deem it just and proper to release accused-petitioner, namely, Jarnel Singh alias Jela Son of Succha Singh, Resident of Baroda Mev, Police Station Baroda Mev, District Alwar (at present confined in District Jail, Alwar) on bail under Section 439 Cr.P.C., in FIR No.100/2010, Police Station Baroda Mev, District Alwar, for offence under Sections 382 and 395 IPC, provided he furnishes a personal bond in 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 again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in present case would be liable to be cancelled at instance of prosecution on this ground alone and stipulation to this effect shall be inserted in bail bonds produced by petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of the area concerned. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//