Rajab Ali And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 163/2019, Police Station Sadar, District Nagour for the offences under Sections 143, 323, 325 & 308 of I.P.C.

Heard learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.

Learned counsel for the petitioners at the outset submits that the grievous injury has been assigned to the petitioner No. 4 - Mohammed Sakir and therefore, he does not wish to press the present bail application qua the petitioner No. 4 - Mohammed Sakir at this stage.

The bail application qua the petitioner No. 4 is accordingly dismissed as not pressed at this stage.

So far as the petitioner Nos. 1 to 3 and 5 are concerned, learned counsel for the petitioners submits that there was a free fight between the petitioners and the complainant wherein the petitioners have also sustained injuries. He further submits that there are cross cases registered between the parties. In the F.I.R. lodged by the petitioner's side, the charge-sheet has been filed. In the present case also, after investigation, the police has filed charge-sheet against the petitioners. He further submits that the conclusion of the trial will take sufficient long time and therefore, it is prayed that the petitioner Nos. 1 to 3 and 5 may be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application qua the petitioner Nos. 1 to 3 and 5 deserves to be accepted.

Consequently, the present bail application under Section 439 of Cr.P.C. qua the petitioner Nos. 1 to 3 and 5 is allowed. It is ordered that the accused-petitioners - (1) Rajab Ali S/o Mohammed Hanif Choudhary, (2) Mohammed Shafi S/o Mohammed Hanif Choudhary, (3) Mohammed Saddique S/o Mohammed Hanif Choudhary and (4) Mohammed Ali @ Naeem Ashraf S/o Mohammed arrested in connection with F.I.R. No. 163/2019, Police Station Sadar, District Nagour shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.