Manoj Kumar vs State of Rajasthan

Mohammad Rafiq, J.—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 first bail application of Petitioner was rejected on 21.07.2010 on ground that challan in the case was not filed at that time and liberty was granted to him to apply again for bail after challan is filed. In that bail application other co-Petitioners were Gurujeet Singh and Gagan Mahajan with present accused-Petitioner, and their second bail application has been allowed by this Court vide order dated 02.11.2010 in Cr. Misc. 2nd Bail Application No. 10177/2010 (Gurujeet Singh) and order dated 29.10.2010 in Cr. Misc. 2nd Bail application No. 9591/2010 (Gagan Mahajan). There is no other case ever registered against Petitioner except present one. Petitioner was arrested on 01.07.2010 and since then he is in jail. Offence is triable by court of Magistrate. Petitioner would undertake not to indulge in similar or any other offence in future.

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-Petitioner, namely, Manoj Kumar Son of Shri Ram Khiladi, Resident of Checchapur, Police Station Nasirpur, Tehsil Sikhwabad, District Firozabad (presently confined in Central Jail, Jaipur) on bail u/s 439 Code of Criminal Procedure, in FIR No. 42/2010 Police Station Excise Sanganer, District Jaipur, for offence under Sections 14, 19/54, 54A of Excise Act, 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 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 the 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.

Second bail application stands disposed of.