Ijhar Khan vs State Of Rajasthan

Manoj Kumar Garg, J

This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.167/2021, Police Station Rajnagar for the offence under Section 307 of IPC and 4/25 of Arms Act.

Learned counsel for the petitioner submits that now, the injured and the doctor both have been examined before the trial court. It is contended that earlier when the injured was examined, the doctor gave a report that all the three injuries are simple in nature but later on looking to the operation note, it was mentioned by the doctor that all the three injuries are dangerous to life whereas the injured was discharged from the hospital within three days. In these circumstances, since the petitioner is in judicial custody since 19.05.2021 and the trial of the case will take sufficient long time, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Ijhar Khan @ Setu S/o Iklas Khan shall be enlarged on bail in FIR 167/2021, Police Station Rajnagar provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.