Omveer vs State of Rajasthan

Mohammad Rafiq, J.—Contention of the learned Counsel for the Petitioner is that Petitioner has been arrested in FIR No. 523/2010 registered at Police Station Kotwali, District Dholpur for offence u/s 379 IPC whereas, with regard to another FIR No. 341/2010 registered with Police Kanchanpur, District Dholpur for offence u/s 382 Code of Criminal Procedure Petitioner has already been granted bail. Apart from this case, there is only case registered against the Petitioner. It is contended that there cannot be two FI Rs of one incident. Trial of the case will take a long time and the challan has been filed.

Learned Public Prosecutor has opposed the bail application but could not dispute the aforesaid fact.

Having regard to the facts aforesaid and considering 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 Code of Criminal Procedure is allowed and it is directed that Petitioner - Omveer S/o Banai Singh shall be released on bail in FIR No. 523/2010 registered at Police Station Kotwali, District Dholpur 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.

However, in case the 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 the present case, 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 Petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.