IJFAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the petitioner under Sec. 439 of the Cr.P.C. in connection with FIR No.552/2022, Police Station Kotwali, Bhilwara for the offences under Ss. 302, 307 and 120-B IPC. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and also perused the material available on record.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the matter. The petitioner has not even been named in the FIR. The allegation of shooting fire arm has been levelled against co-accused Mayank Taparia, Raguveer @ Kalu and Kishore @ Sambha. It was further submitted that during investigation the petitioner has been implicated for helping the co-accused in getting the fire arm from Mohammed Aftab. Learned Public Prosecutor and learned counsel for the complainant vehemently opposed this bail application. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

(3.) Consequently, the bail application filed under Sec. 439 Cr.P.C. is allowed. It is ordered that petitioner Ijfar S/o Shri Mohd. Iqbal, arrested in connection with FIR No.552/2022, P.S. Kotwali, Bhilwara shall be released on bail; provided he executes personal bond in the sum of Rs.50,000.00 and two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.