Jakir Hussain vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 555/2020 registered

at Police Station N.E.B., District Alwar for the offence under Section(s) 147, 148, 149, 323, 341, 452, 307, 395 and 427 of IPC.

It is contended by the learned counsel for the petitioner that it is a case of version and cross version in which persons from both the sides have

received injuries including the petitioner who has received grievous injury. He submitted that the injury on the person of injured Jarshed leading to

offence under Section 307 IPC has not been assigned to the petitioner. With regard to criminal antecedents, learned counsel for the petitioner

submitted that they are of remote past pertaining to trifle dispute. He submits that the petitioner is in custody since 05.10.2020, investigation as against

him is complete, trial of the case will take time and prays for his release on bail.

Learned Public Prosecutor assisted by learned counsel for the complainant opposing the bail application submitted that the injured Jarshed has

received as many as 15 injuries out of which one has been found to be dangerous to life hence, the petitioner does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, his

length of custody and the material available in the case diary; 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 bail application is allowed and it is directed that accused-petitioner Jakir Hussain S/o Shri Amar Singh 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.