Mohammad Saeed S/o Shri Shafi Mohammad vs State of Rajasthan

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in custody in

connection with F.I.R. No.148/2017 registered at Police Station

Sadar Bazar, Jodhpur, for the offence under Sections 323, 341,

143 & 354 of IPC.

Heard learned counsel for the petitioners, learned Public

Prosecutor and learned counsel for the complainant.

It is submitted that after investigation, the accused

petitioners are in judicial custody and the trial of the case is likely

to take time, therefore, the petitioners may be enlarged on bail.

Learned Public Prosecutor and learned counsel for the

complainant vehemently opposed the prayer of the learned

counsel for the petitioners. It is submitted that it is very serious

matter, in which accused petitioners are not entitled to be

released on bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this

Court is of the opinion that the bail application filed by the

petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioners, (1)- Mohammad Saeed S/o Shri

Shafi Mohammad, (2)- Salman Khan S/o Shri Mohammad Saeed

and (3)- Mohammad Ramzan S/o Shri Jumme Khan, arrested in

connection with F.I.R. No.148/2017 of Police Station- Sadar Bazar,

Jodhpur, shall be released on bail; provided they furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each (Out of two sureties, one surety should be female member of

the accused petitioners) 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.

Learned Public Prosecutor is directed to inform the concerned

police station to provide adequate security to the complainant. It

is further directed that uncle of the petitioners shall also furnish

undertaking before the concerned Magistrate that he shall ensure

security of the complainant party.