Imran Khan vs State Of Rajasthan

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 249/2020

registered at Police Station Kotwali, District Sawai Madhopur for the offence under Section(s) 143, 323, 341, 325 and 307 of IPC.

Learned counsel for the petitioner submitted that after rejection of the first bail application by this Court vide order dated 03.11.2020, charge sheet has

been filed on 02.12.2020 and hence, the second bail application. Drawing attention of this Court towards the statements of the injured witnesses

Babuddin and Sarauddin recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that no specific overt act has been assigned

to the present petitioner of causing injury on their person. He submitted that the petitioner is in custody since 04.10.2020, charge sheet has been filed,

trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the second bail application.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody,

filing of charge sheet and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and

proper to enlarge the petitioner on bail.

Accordingly, the second bail application is allowed and it is directed that accused-petitioner Imran Khan S/o Taiyab shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.