Harun S/O Shri Hakmuddin vs State Of Rajasthan
2021 Latest Caselaw 1167 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                      1849/2021

Harun S/o Shri Hakmuddin, R/o Vishambhara Ps Shergarh Dist.
Mathura U.p. (At Present In Sub Jail Deeg Dist. Bharatpur)
                                                                          ----Petitioner
                                          Versus
State Of Rajasthan, Through Pp
                                                                        ----Respondent

For Petitioner(s)               :     Mr. Sanjay Khan
For State                       :     Mr. Mangal Singh Saini, PP



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

                                Judgment / Order

03/02/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 40/2015 was registered at Police Station Pahari,

District Bharatpur for offence under Sections 395, 397 of I.P.C.

3. It is contended by counsel for the petitioner that the first bail

application was dismissed on 19.07.2018. FIR is of year 2015.

Petitioner was arrested on 23.01.2017. A period of four years has

lapsed. No witness has been examined. Petitioner has remained in

custody for a period of four years. Out of fifteen witnesses only

seven witnesses have been examined.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that petitioner has criminal

antecedents.

(2 of 2) [CRLMB-1849/2021]

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

8. A copy of this order be sent to concerned S.H.O. for

recording this condition in the Village Crime Record Book so that

in the event of petitoner's repeating offence, S.H.O. can move the

Court for cancellation of bail.

9. However, it is made clear that if petitioner repeats the

offence, he would not be entitled for any liberty from the Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /31

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