Irfan vs State

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.200/2021, Police Station Gogunda, District Udaipur for the offences punishable under Sections 341, 302, 120-B of IPC and Section 4/25 of Arms Act.

The first bail application was dismissed vide order dated 28.01.2022 by the co-ordinate Bench of this Court with liberty to file afresh after recording the statements of material witnesses.

Counsel for the petitioner submits that complainant Ganpat has been examined before the trial Court as PW-5, he only identified the co-accused Kalu Singh and not the present petitioner. Counsel further submits that similarly situated co-accused Islam Hussain @ Asu Lala and Rustam Khan @ Rustam Lala have been enlarged on bail by the trial court; Rajesh Giri has already been enlarged on bail by this Court and the case of the present petitioner is similar to those co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Irfan S/o Shamsher, shall be released on bail in connection with FIR No.200/2021, Police Station Gogunda, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.