Manish Kumar Prasad vs State

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.350/2019, Police Station- Basni, Jodhpur for the offences under Sections 406, 420 of IPC.

Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on

record.

It is submitted by learned counsel for the petitioner that after rejection of the first bail application of the petitioner by this court vide order

dated13.01.2020, the charge sheet has already been filed in the matter. He undertakes that the amount taken from the complainant will be repaid by the petitioner within a period of eight weeks from the date of release of the petitioner from the jail. He further undertakes that in case, the amount due is not repaid to the complainant within a period of eight weeks from the date of enlargement of the petitioner on bail, the bail granted to the petitioner

may be cancelled.

The learned counsel for the complainant agrees to the preposition given by the petitioner.

Having regard to the facts and circumstances of the case and especially the fact that the petitioner has given undertaking to repay the amount due to the complainant within a period of eight weeks, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted subject to the condition that the petitioner shall pay the amount due to the petitioner within a period of eight weeks from the date of his enlargement on

bail. If the amount due is not repaid by the petitioner within the aforesaid stipulated period then the complainant shall be free to move an appropriate application for cancellation of bail granted to the petitioner.

Consequently, the second bail application is allowed in the above terms. It is ordered that the accused-petitioner Manish Kumar Prasad S/o Shri Prem

Chand Prasad arrested in connection with F.I.R. No.350/2019, Police Station- Basni, Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.