Rajasthan High Court - Jaipur
Akhtar S/O Shri Bilal Beg, B/C Musalman vs State Of Rajasthan on 11 July, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous IIIrd Bail Application No. 8934/2019
Akhtar S/o Shri Bilal Beg, B/c Musalman, R/o Chahediya, Police
Station Anta, Distt. Baran, Raj. (Presently Lodged In Distt. Jail At
Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Suresh Kumar Sahni with Mr. R.M. Sharma For State : Mr. Ganesh Saini, PP For Complainant(s) : Mr. Jitendra Pandey HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 11/07/2019
1. Petitioner has filed this third bail application under Section 439 of Cr.P.C.
2. F.I.R. No. 22/2018 was registered at Police Station Anta, Distt. Baran Rajasthan for offence under Sections 147, 148, 149, 341, 323, 325, 326 and 307 of I.P.C. & 3/25 of Arms Act.
3. It is contended by counsel for the petitioner that second bail application was rejected by this Court and petitioner was permitted to move fresh bail application after recording of the statement of injured witnesses. Statement of seven witnesses have been recorded.
4. It is contended that the allegation of use of fire arm is against the petitioner Bilal and Azhar @ Kalu. Grievous injuries (Downloaded on 30/08/2019 at 10:22:43 PM) (2 of 3) [CRLMB-8934/2019] have been sustained on the side of the petitioner party by three persons Bilal, Azhar and Shamim Bano and out of 34 witnesses only 7 have been examined. There is cross F.I.R. Conclusion of trial will take time.
5. Counsel for the petitioner contends that out of list of criminal cases, petitioner stands acquitted in three cases.
6. Learned Public Prosecutor and counsel for the complainant have opposed the third bail application. Counsel for the complainant has contended that petitioners were involved in illegal mining and when villagers went there to record illegal mining being done by the petitioner side, they opened fire on the villagers.
7. It is also contended that allegation against the petitioner is of firing on testicle. Petitioner has criminal antecedents.
8. I have considered the contentions.
9. Taking note of the fact that other co-accused Bilal Beg and Azhar @ Kalu who were also armed with fire arm have also granted bail. Out of 34 witnesses only 7 witnesses have been examined. There is cross F.I.R. in which charge-sheet has been filed.
10. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the third bail application.
11. 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.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of (Downloaded on 30/08/2019 at 10:22:43 PM) (3 of 3) [CRLMB-8934/2019] Rs.25,000/- (Rupees Twenty Five 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.
12. Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the petitioner and an additional copy of this order be also sent to the concerned Court by ordinary process.
(PANKAJ BHANDARI),J AMIT KUMAR /8 (Downloaded on 30/08/2019 at 10:22:43 PM) Powered by TCPDF (www.tcpdf.org)