Rajasthan High Court - Jaipur
Kallu @ Sirajuddin S/O Kamaluddin vs State Of Rajasthan on 19 July, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. V Bail Application No. 10933/2022
Kallu @ Sirajuddin S/o Kamaluddin, R/o Kumhar Mohalla, Near
High School, Suket, P.s. Suket, Dist. Kota (Rajasthan).
(Petitioner At Present Confined In District Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sanjay Mehrishi
For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
19/07/2022
1. The instant bail application has been filed under Section 439 Cr.P.C on behalf of the accused petitioner Kallu @ Sirajuddin S/o Kamaluddin against the order dated 9.6.2022 passed by learned Additional Sessions Judge, Ramganj Mandi, District Kota for the offences under Sections 302, 201, 120-B of IPC & Section 4/25 of Arms Act in FIR No. 209/2018 registered at Police Station Suket (District Kota)
2. The fourth bail application of the petitioner came to be dismissed by a Coordinate Bench of this court vide order dated 26.3.2021 with the directions to dispose of the trial expeditiously. However, the trial is still going on and looking to the large number of witnesses, the same considerably long time to reach the point of culmination. As per the story of the prosecutrix, the dead body was found in an obtunded condition. It is a place which was (Downloaded on 25/12/2022 at 02:42:44 AM) (2 of 3) [CRLMB-10933/2022] identified to be one of Bhuri @ Naseem and no eye-witness account of incident is available. The entire case of prosecution is based upon circumstantial evidence. It is the story of prosecution that the deceased was usually seen in the company of Jhalu@ Jalaludin. On the basis of suspicion, the said Jhalu@Jalaludin came to be arrested. It is averred that the said accused, in his confessional statement made before the police, disclosed the fact regarding suspicion referred by the petitioner that other co- accused persons including Bhuri, Shanu, Israr etc. were involved in the crime.
3. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. The co-accused Israr, Bhuri, Saddam and Shanu have been released on bail, subsequent to rejection of four bail pleas of petitioner. There is no dispute that the case of the present petitioner is similar to other co-accused persons.
4. Per contra, learned Public Prosecutor opposed the bail application.
5. Thus, on the ground of parity and considering the period of incarceration as well as considering the arguments advanced by the counsel for the petitioner and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the fifth bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before (Downloaded on 25/12/2022 at 02:42:44 AM) (3 of 3) [CRLMB-10933/2022] the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J Anu /62 (Downloaded on 25/12/2022 at 02:42:44 AM) Powered by TCPDF (www.tcpdf.org)