Sahil And Others vs State Of Rajasthan

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.552/2022 registered at Police Station City Kotwali, District Bhilwara, for offences under Sections 302, 307, 120B IPC and Sections 9/25, 5/25, 5/29, 3/25 and 4/25 of the Arms Act.

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

Learned counsel for the petitioners submitted that from the perusal of the FIR, it is evident that the allegation of shooting fire arm upon the deceased has been levelled against the co-accused Mayank Tapariya, Raghuveer @ Kalu and Kishore @ Sambha. Learned counsel further submitted that though there is an allegation of aiding the co-accused in getting/providing the fire arm, has been levelled against the petitioners but there is no plausible evidence available with the prosecution to show active involvement of the petitioners in the present case. Learned counsel for the petitioners submitted that in order to show involvement of the petitioners in the commission of crime, the prosecution is required to establish the chain of incriminating circumstances so as to link the present petitioners with the alleged crime. Learned counsel for the petitioners vehemently submitted that the petitioners were unaware of the intention carried by the main accused Mayank Tapariya, Raghuveer @ Kalu and Kishore @ Sambha, of committing murder of the deceased.

Learned counsel submitted that the prosecution has prima-facie failed to establish any motive attributable to the petitioners for commission of the alleged offence. Learned counsel submitted that the petitioners have been falsely implicated in the present case though they have not even been named in the FIR. Learned counsel submitted that co-accused Ijfar has already been enlarged on bail by this Court vide order dated 10.2.2023 passed in CRLMB No.285/2023. Learned counsel submitted that the case of the petitioners is not distinguishable from that of the co-accused Ijfar. Learned counsel thus implored the Court to accept the bail applications.

Learned Public Prosecutor opposed the bail applications.

Heard.

Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- Sahil S/o Shri Anil, Mohammed Aftaf @ Akram @ Akki S/o Mohammed Shah, Mohammad Shafik @ Saddam @ Bhola S/o Raees Khan, Farukh Khan @ Baba Sahab S/o Sh. Amjad Khan and Chandrabhan Singh @ Prince @ Gama S/o Dilip Singh shall be enlarged on bail in connection with FIR No.552/2022 registered at Police Station City Kotwali, District Bhilwara, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

A copy of this order be placed in each file.