Ubhed Ali vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.22/2019, Police Station Pokran, District Jaisalmer, for the offences under Sections 147, 148, 341, 323, 325, 307 & 302/149 of IPC.

Heard learned counsels for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the eye-witness Noorilaahi who accompanied the deceased, was present at the time of incident has not

assigned any injury. The other witnesses have stated in their statements regarding the injuries having been caused by all the persons present on the

place of incident. He further submits that the co-accused Ibrahim Khan, Shabir Ahmed & Faruk Khan have been enlarged on bail by the co-ordinate

Bench of this Court vide orders dated 22.07.2019 & 14.08.2019 respectively and the case of the present petitioner is not distinguishable from the case

of the co-accused who have already been released on bail by this Court. The conclusion of trial will take sufficiently long time, therefore, it is prayed

that the petitioner may be enlarged on bail.

The 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 facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case

of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail by the co-ordinate Bench of this Court, this Court is of

the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ubhed Ali S/o Gulam

Rasul arrested in connection with F.I.R. No.22/2019, Police Station Pokran, District Jaisalmer, 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.