Farzan vs State

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 38/2020, Police Station Pratapnagar, District Jodhpur for the offence under Section 323, 324,326,307/34, 341 IPC.

I have gone through the order impugned as well as pleadings in the bail application.

After the rejection of the first bail application on 3.2.2020, the charge-sheet has been filed. The injured Rashid has already been discharged from the hospital. The petitioner is facing incarceration for more than five months.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused- petitioner - Farzan S/o Shri Shoukat Khan arrested in connection with F.I.R. No. 38/2020, Police Station Pratapnagar, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.