JUDGMENT 1. -Heard the learned counsel for the petitioner and the learned Public Prosecutor. This hail application under section 439 Cr.P.C. has been filed on behalf of Suraj Bhan petitioner who has been arrested in connection with First Information Report No. 118/99 registered in Police Station Sojat City. District Pali. 2. It appears that a case under sections 457 & 3801PC has been registered against the petitioner. The allegation against him is that on the night intervening of 21.4.1999 and 22.4.1999 at about 1.00-2.00 a.m. four persons entered in the factory of the complainant by climbing over the wall and took away by stealing six bories of ajwin. The learned Additional and District Sessions Judge, Pali has rejected the application for bail of the petitioner on the ground that another First Information Report has been registered against the petitioner and several cases arc pending against him. 3. The learned Public Prosecutor has opposed this application on the ground that criminal cases are pending against the petitioner. 4. Mere pendency of criminal cases against any person is not sufficient to draw the conclusion that he is indulging in the alleged offence unless there is an evidence of committing such offence against him. 5. Having regard to the facts and circumstances of the case, this application under section 439 Cr.P.C. is hereby allowed and it is directed that the petitioner shall be released on bail provided that he furnishes two sureties of Rs. 5,0001- each and personal bond of Rs. 10,000/-to the satisfaction of the learned Judicial Magistrate competent to take cognizance of the offence under section 191 Cr.P.C.Bail application allowed. *******