Mohammed Azam vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.197/2024 registered at Police Station Savina, District Udaipur, for offences under Sections 3/25 & 5/25 (6)(7) of Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner has submitted that the allegation against the present petitioner is that on 13.04.2024, the petitioner was found carrying a fire arm (Pistol) without having any valid licence to possess the same. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and a fake recovery has been shown from his possession.

Learned counsel for the petitioner submitted that the bail application preferred on behalf of the petitioner was dismissed by the trial court solely on the ground that more than 40 cases are registered against him. However, in most of the cases, petitioner has already been acquitted and other cases are pending before the trial court. Learned counsel further submitted that in the last six years, no other criminal case was registered against the present petitioner.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mohammed Azam S/o Sh Sayeed Ahmed arrested in connection with F.I.R. No.197/2024 registered at Police Station Savina, District Udaipur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.