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Judgment
6 paragraphs · 361 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with CR No.224/2022 of Police Station Kotwali, District Banswara, for the offence punishable under Sections 302/34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 22.08.2022 with liberty to file afresh after recording the statements of Mohd. Zafar @ Sonu, Mohd. Soiab & Imran Khan.
Learned counsel for the petitioner submits that now all the three witnesses have been examined before the trial Court and Mohd. Soiab (PW/2) has specifically mentioned in his statement that co-accused Mohsin inflicted injury to the deceased, Mohd. Zafar (PW/3) has been declared hostile and Imran Khan (PW/4) stated that petitioner only caught hold of the deceased and co- accused Mohsin inflicted knife injuries to the deceased. Counsel further submits that there is no role of the petitioner in inflicting injuries to the deceased. The accused-petitioner is in judicial custody since 01.05.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and counsel for the complainant vehemently opposed the bail application and submits that petitioner caught the deceased and thereafter Mohsin inflicted knife blows to the deceased, therefore, the bail application may kindly be rejected.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mohammad Arshad Kunjada S/o Shri Mohammad Shaukat Kunjada shall be released on bail in connection with CR No.224/2022 of Police Station Kotwali, District Banswara, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.