IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.6486/2010 Rajesh Vs. State of Rajasthan through Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.6487/2010 Gaurav @ Sonu Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ashvin Garg, Counsel for petitioner Rajesh Shri Anil Yadav, Counsel for petitioner Gaurav @ Sonu Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioners 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 petitioners is that in the present case the petitioners were arrested on 09.03.2010 whereas the F.I.R. No.434/2009 was registered on 22.09.2009 mainly for offence under Section 384 IPC; rest of the offences are bailable. It is alleged that the petitioners threatened the mother of the complainant that she should phone the complainant not to give evidence against them; subsequently in the FIR however no one was named but it was stated that two persons came on a motor-bike to extend such a threat. Subsequently however the F.I.R. No.75/2010 was registered on 06.03.2010 on the similar allegations in which the petitioners have been enlarged on bail. In fact the statement of the complainant Mamchand had already been recorded on 22.09.2010 and he in his statement has given evidence against the present petitioners therefore there was no question of any threat being extended to him. Maximum sentence provided for offence under Section 384 IPC is three years imprisonment, which is triable by a court of Magistrate; challan has been filed; petitioners are in jail since 9th March, 2010; trial of the case may take a long.
Learned Public Prosecutor opposed the bail application.
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-petitioners, namely, (1) Rajesh Son of Subhash in S.B. Criminal Misc. Bail Application No.6486/2010 and (2) Gaurav @ Soni Son of Anil Singhla in S.B. Criminal Misc. Bail Application No.6487/2010 on bail under Section 439 Cr.P.C., in FIR No.434/2009, Police Station Bansur, District Alwar, under Sections 384, 336, 352 and 429 IPC, provided each of them 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 their appearance on all subsequent dates of hearing and as and when called upon to do so.
However, in case the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in the present case and in another case against them, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioners, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.
The bail applications stand disposed of.
(Mohammad Rafiq) J.
//Jaiman//