IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.5150/2010 Amit Choudhary @ Vikash Vs. State of Rajasthan through Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.5151/2010 Amit Choudhary @ Vikash Vs. State of Rajasthan through Public Prosecutor AND 3. S.B. Cr. Misc. Bail Application No.5368/2010 Amit Choudhary @ Vikash Vs. State of Rajasthan through Public Prosecutor AND 4. S.B. Cr. Misc. Bail Application No.5370/2010 Amit Choudhary @ Vikash Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.06.2010 Hon'ble Mr. Justice Mohammad Rafiq, VJ. Shri Mohd. Iqbal Khan, Counsel for petitioner in all the cases Shri Mahendra Meena, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
Contention of learned counsel for petitioner is that in all these four cases petitioner’s arrest was shown one after another whereas co-accused Pankaj Sharma, who being juvenile, has already been enlarged on bail; in two cases challan has already been filed; in other two cases investigation is almost complete and challan is going to be filed shortly; arrest of the petitioner was initially made in one of the cases and thereafter he was shown arrested in other three cases also; no test identification parade was conducted by the police whereas the accused-petitioner was not named in any of the first information reports; petitioner is student of diploma course of polytechnic and that he should be given a chance to reform himself.
Learned Public Prosecutor opposed the bail application and argued that number of criminal cases are registered against the petitioner.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Amit Choudhary @ Vikash on bail under Section 439 Cr.P.C., in FIR No.222/2010, Police Station Mansarovar, Jaipur, under Section 380, IPC, FIR Nos.233/2010 and 234/2010, Police Station Shiprapath, Mansarover, Jaipur under Section 380 IPC, and FIR No.270/2010, Police Station Bajaj Nagar, Jaipur under Section 379 IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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 found indulged in repeating the similar offence at any point of time the prosecution would be at liberty to apply for cancellation of his bail in these cases before the court below itself and his bail would be liable to be cancelled on that ground alone.
The bail applications stand disposed of.
(Mohammad Rafiq) VJ.
//Jaiman//