Rajasthan High Court
Adil Son Of Hazi Subhan Khan vs State Of Rajasthan on 22 July, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4426/2022
Adil Son Of Hazi Subhan Khan, Resident Of Village Ubarka, Police
Station Tapukara, District Alwar (Raj.) (At Present In Sub Jail
Tijara Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Surendra Singh Sunda
For Respondent(s) : Mr. Riyasat Ali, PP
Mr. Aditya Kiran Mathur, for
complainant
HON'BLE MR. JUSTICE SAMEER JAIN
Order
Judgment Reserved on 10.07.2022
Judgment Pronounced on 22.07.2022
1. The instant bail application has been filed under Section
439 Cr.P.C. on behalf of accused-applicant Adil son of Hazi Subhan
Khan. The applicant was arrested in connection with FIR
No.170/2021 registered at Police Station Tapukara Police
(Bhiwadi) District Alwar for the offence(s) under Sections 147,
148, 149, 323, 341, 302 IPC and Section 3/25 & 5/27 of Arms
Act.
2. Learned counsel for the accused-applicant submits that
applicant is a young man aged 20 years, who has been falsely
implicated in the matter. He is in judicial custody since
29.05.2021. He has not committed alleged crime nor is he
remotedly involved in the matter. The dispute pertains to rivalry
between two neighbours and relatives over a piece of one bigha
(2 of 3) [CRLMB-4426/2022]
land which was purchased by the complainant side on higher rate
over which a dispute arose which was converted into a spur of the
moment fight on 28.05.2021 and during the fight both sides were
attacking each other. Both the sides used bamboo sticks and other
weapons. The present applicant is alleged to have used local pistol
to fire shot/bullet in the chest of Amit, which resulted in his death.
Learned counsel has further submitted that cross FIRs were
registered in this matter. The dispute/altercation happened over a
piece of land and the accused-applicant acted in self-defence. The
deceased, Amit, died during the course of fight. The provisions
invoked by the prosecution are not applicable and the matter may
be viewed from the angle of self-defence and the applicant be
enlarged on bail. Further, police has completed the investigation
and submitted the Challan/Final Report, nothing is to be recovered
from the applicant and hence continued detention of applicant is
not required.
3. Per contra, the complainants have submitted that
recovery of pistol has been effected from the accused-applicant
under Section 27. The post mortem report on record is suggestive
that death happened because of the gun shot. The gun shot was
fired with the intention to kill the deceased and not in self-
defence.
4. Heard the arguments advanced by both the sides and
scanned the record of the case. It is observed that the incident
took place on 28.05.2021. There was a severe fight amongst the
group of persons between complainant and the applicant. Both the
sides have used bamboo sticks, etc. It is on record that relatives
of the applicant were also injured severely. The dispute was
pertaining to some land in question. The applicant and the
(3 of 3) [CRLMB-4426/2022]
complainant are neighbours as well as relatives. The accused-
applicant has no criminal antecedents, he is a young man, 20
years of age. Cross FIRs were filed by both the sides. Vide order
dated 20.09.2021, passed in S.B. Criminal Bail Application
No.15234/2021, some of the co-accused, against whom charge-
sheet was filed under Section 302, 323 and 341 IPC, were
released on bail. In the present case also, Challan/Final Report is
submitted. Applicant is in custody since 29.05.2021 and
conclusion of trial is likely to take long time.
5. Considering the facts and circumstances of the case,
arguments advanced by both the sides, looking to the length of
the custody, but without commenting on the merits of the case,
this court deems it just and proper to allow the bail application for
the reasons as stated above.
6. Accordingly, the bail application under Section 439
Cr.P.C. is allowed and it is ordered that accused-applicant Adil son
of Hazi Subhan Khan shall be enlarged on bail provided he
furnishes a personal bond of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of learned trial Judge for his
appearance before the court concerned on all the dates of hearing
as and when called upon to do so.
(SAMEER JAIN),J
JKP/10
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