Shahrukh @ Abba vs State, Through P.p.

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application.

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 414/2019 Police Station Surajpole, Udaipur for the offence under Section 143, 341, 323, 307 IPC and Section 4/25 of Arms Act.

I have gone through the order impugned as well as pleadings in the bail application.

The co-accused Rahil Bohra and Ronak @ Golu Yadav have been enlarged on bail by this Court on 5.3.2020 and 2.3.2020.

The case of the present petitioner is not distinguishable from the co-accused who have been enlarged on bail by this Court. The charge-sheet has been filed.

Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Shahrukh @ Abba S/o Babu Khan arrested in connection with F.I.R. No. 414/2019 Police Station Surajpole, Udaipur shall be released on bail provided he 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.