Honble JAIN, J.–The petitioner has filed this second bail application under Section 438 Cr.P.C. before this Court on 7.2.2005 after dismissal of his first bail application u/s 438 Cr.P.C. on 1.2.2005.

(2). One Shri Harpreet Singh, an official of Municipal Board, Hanumangarh Town, lodged a FIR on 18.09.2004 at Police Station, Vishwakarma, Jaipur wherein it was alleged that on 17.09.2004 he alongwith Mr. Madan Singh Budhaniya, Executive Officer, Municipal Board, Hanumangarh was travelling in the bus of Sharma Travels from Hanumangarh to Jaipur alongwith two bags of record containing 41 files in one bag and six files in another bag. During the journey, one sumit, member of Municipal Board also came in the said bus at Bus Stand, Pallu. When they reached Jaipur, then he saw that both the bags were missing. During investigation, some evidence came on record that Sumit took some files from the bus and gave to the petitioner, who was travelling in car.

(3). Being apprehended with the arrest, the petitioner moved a bail application u/s 438 Cr.P.C. before the Sessions Judge, Jaipur City and the same was dismissed vide order dated 23.11.2004. Thereafter, the petitioner moved S.B. Criminal Misc.

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