Rahul @ Sarfaraz S/O Roshanbhai vs State Of Rajasthan
2022 Latest Caselaw 552 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                                  854/2022

Rahul @ Sarfaraz S/o Roshanbhai, R/o Khaipada, Baran, Police
Station Kotwali, Baran, District Baran, Rajasthan. (Presently
Confined In Central Jail Kota.)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Petitioner(s) : Mr. Sunil Tyagi through VC For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

21/01/2022

1. Petitioner has filed this third bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 611/2019 was registered at Police Station Kotwali

Baran, Dist. Baran for offence under Sections 147, 148, 149, 452,

323 & 307 of I.P.C.

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

has remained in custody for a period of one and a half year. Out of

thirty five witnesses, not a single witness has been examined till

date. Bail application of co-accused Saddam has been allowed. It

is also contended that the allegation of stabbing the deceased is

on Shahrukh and of firing is on Wasim. Court has not framed

charges of Arms Act against the present petitioner. It is further

contended that the injured has also not assigned any overt act to

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the present petitioner. With regard to the criminal antecedents, it

is contended that last criminal antecedent is of the year 2017. Out

of Criminal antecedents pointed out against the petitioner, he has

been acquitted in three cases.

4. Learned Public Prosecutor has opposed the third bail

application.

5. I have considered the contentions.

6. Taking note of the fact that co-accused whose case is almost

akin to the present petitioner has been enlarged on bail, out of

thirty five witnesses, not a single witness has been examined till

date and petitioner has not been charged under the Arms act also

taking note of the specific allegation of causing stab injury to the

deceased is on Shahrukh and of firing is on Wasim, hence, I deem

it proper to allow the third bail application.

7. This third 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.

(PANKAJ BHANDARI),J

ARTI SHARMA /9

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