Mohammad Ali S/o Haji Mohammad Usman vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.13/2017, registered at Police Station

Sadar, Nagaur for the offence under Section 304 IPC.

Learned senior counsel Shri Bora urges that the I.O. after

completing investigation has reached to a positive conclusion that

the deceased Ghewar Ram was a man having criminal

antecedents. He was trying to extort money from the petitioner

and upon resistance being offered, he started assaulting the

petitioner. During this quarrel, the petitioner in order to save

himself gave a single knife blow to the deceased which proved fatal. He drew the Court''s attention to the injuries received by the

petitioner in this very incident and urges that the deceased

himself was aggressor and prays that the petitioner deserves to be

released on bail.

Learned P.P. opposes the submissions advanced by the

petitioner''s counsel. However, he too does not dispute the fact

that the I.O. has filed charge-sheet against the petitioner only for

the offence under Section 304 IPC with the above conclusions.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Mohammad Ali

arrested in connection with F.I.R. No.13/2017, registered at Police

Station Sadar, Nagaur 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.