Abrar Khan @ Abrar Abbasi S/O ... vs State Of Rajasthan
2021 Latest Caselaw 3871 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                 12620/2021

Abrar Khan @ Abrar Abbasi S/o Akabar Abbasi, R/o Bhistipada
Shripura P.s. Kaithunipol Kota Raj. (At Present Confined At
Central Jail Kota)
                                                                          ----Petitioner
                                      Versus
State Of Rajasthan, Through P.p.
                                                                        ----Respondent

For Petitioner(s) : Mr. Abdul Rahim Khan with Mr. Rishu Jain For Respondent(s) : Mr. Prashan Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

18/08/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.277/2019 was registered at Police Station

Kaithunipol Kota for offence under Sections 307, 323, 341, 143

I.P.C.

3. It is contended by counsel for the petitioner that statement

of two eye witnesses have been recorded. Both have turned

hostile. There is no allegation against the petitioner of stabbing

the deceased. Only a motorcycle was recovered. Case of petitioner

is similar to that of Musharraf Ali whose second bail application

was allowed by this Court. Petitioner has remained in custody for

more than twenty months.

(2 of 2) [CRLMB-12620/2021]

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. Taking note of the fact that there are as many as forty two

witnesses, out of which statement of only three witnesses have

been recorded, including two witnesses who have turned hostile,

there is no allegation against the petitioner of stabbing the

deceased, similarly situated co-accused has been given benefit of

bail by this Court, hence 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 trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

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

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /44

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