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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.72/2016, Police Station Mangrup, District Bhilwara
for the offences under Sections 394 of IPC and 4/25 of Arms Act .
Counsel for the petitioner contends that no test identification
was conducted by the investigating officer during investigation.
Co-accused Irshad has been granted bail by this Court and two
material witnesses Kailash and Ram Swaroop have turned hostile
at the trial. He thus, prays that the petitioner deserves to be
released on bail.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner''s counsel. However, he is not in a position to
dispute the fact that the case of the present petitioner is not
distinguishable form that of Irshad, who has been released on
bail.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the Bar but without expressing any opinion on the
merits of the case, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Jabbar arrested in connection with
F.I.R. No.72/2016, Police Station Mangrup, District Bhilwara shall
be released on bail; provided he furnishes a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- 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.