Liyakat vs State Of Rajasthan

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.02/2020

registered at Police Station Sikari, District Bharatpur for the offence(s) under Section(s) 332, 353, 427 of I.P.C. and later on for offence under

Sections 332, 353, 336, 427 of IPC.

After rejection of the first bail application, charge-sheet has been filed and hence, the second bail application.

Drawing attention of this Court towards the injury report of Dulichand and Devi Singh, learned counsel for the petitioner submitted that both have

received simple injuries only. He submitted that there are omnibus allegations against a large number of persons for commission of offence including

the petitioner. With regard to his criminal antecedents, he submitted that all the cases are of remote past. He submits that the petitioner is in custody

since 12.10.2020, charge-sheet has already been filed, trial of the case will take time, similarly situated co-accused persons have been extended

benefit of bail and prayed for his release on bail.

Learned Public Prosecutor opposing the bail application submitted that in view of criminal record, he does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody,

filing of the charge-sheet, material contained therein and release of co-accused persons on bail; 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 second bail application is allowed and it is directed that accused-petitioner Liyakat S/o Hanif 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.

However, looking to his criminal antecedents and nature of offence, it is made clear that in case the petitioner is found involved in offence(s) of similar

nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.