IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5865/2010. Jitendra @ Vijendra Vs. State of Rajasthan Date of order : 22/6/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ VJ Shri Dharmendra Kumar Srivastava for petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that alleged offence against the petitioner is under Section 379 of Indian Penal Code. Petitioner was arrested on 23/5/2010. Recovery has already been made. There is no other case pending against the petitioner. Trial of the case is likely to take a long.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper 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 Jitendra @ Vijendra S/o Charan Singh shall be released on bail in FIR No.17/2010 P.S. G.R.P. Gangapur City for offence u/S.379 IPC 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone.
(MOHAMMAD RAFIQ), VJ.
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