IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6406/2010. Sanjay Yadav Vs. State of Rajasthan Date of order : July 12, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.S. Badhwar for petitioner. Shri G.S. Rathore, 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 the applicant is student and this is first offence alleged against him. Incident of theft of motorcycle took place on 15/7/2009 and the FIR was lodged on 8/8/2009. Stolen motorcycle has already been recovered. There is no previous criminal case against the petitioner. Petitioner would undertake not to indulge in any offence in future.
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 Sanjay Yadav S/o Shri Chunni Lal Yadav shall be released on bail in FIR No.192/2009 P.S. Aravali Vihar, Alwar for offence u/S.379 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- 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), J.
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