Irfan khan vs State Of Rajasthan

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.146/2019, Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 341, 307, 326/34, 323/34, 397, 398/34 of the IPC and Section 3/25(1-B(A), 27 of the Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner by this Court on 02.09.2020, the statement of four prosecution witnesses have been recorded including the statement of injured PW-3 Adrish. PW-2 Rani, who is the complainant in the present case has also been examined before the trial court. All the four witnesses have not supported the prosecution case, thus, they have been declared hostile. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused- petitioner - Irfan khan S/o Kale Khan arrested in connection with F.I.R. No. 146/2019, Police Station Hanumangarh Town, District Hanumangarh 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.