Islam Khan And Ors vs State Of Rajasthan

The applicants have filed this bail application under Section 439 CrPC in FIR No. 151/2020 registered at Police Station Vigyan Nagar, Kota for the offences under Sections 307, 323, 324, 325, 326, 341 IPC.

Heard learned counsel for both the sides and perused the material made available on record.

Learned counsel for the applicants submits that the applicants are quite innocent and they have been falsely implicated in the case. They are not required any more for investigation. Similarly situated co-accused have already been enlarged on bail. The case of present applicants is on better footing in comparison to the accused to whom head injury has been attributed. No criminal case is at present pending against the applicants. Conclusion of trial will take considerable time. The bail application may be allowed.

Learned Public Prosecutor and learned counsel appearing on behalf of the complainant have opposed the bail application with the submission that the injury caused with sharp weapon is attributed to applicant Islam Khan. The bail application deserves to be dismissed.

Keeping in view all the facts and circumstances of the case, particularly having regard to the fact that the similarly situated co- accused have already been enlarged on bail, this court finds it a fit case for bail.

Consequently, without expressing any opinion on merits, the bail application is allowed and it is directed that the accused petitioners Islam Khan S/o Kallu Khan and Baseem Khan S/o Babu Khan be released on bail provided each of them furnish personal bond in the sum of Rs. 1,00,000/- (Rs. One lakh) together with two sureties of the sum of Rs. 50,000/-(Rs. Fifty Thousand) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when they are called upon to do so.