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2004 DIGILAW 248 (RAJ)

Aabid S/o Samruddin v. State of Rajasthan through P. P.

2004-02-20

HARBANS LAL

body2004
JUDGMENT 1. - This bail application u/s. 438 Cr.P.C. has been filed on behalf of petitioner-Aabid who apprehends his arrest in Criminal Case No. 47/94 wherein, cognizance has been taken against him along with others for the offences u/ss. 147, 148, 452, 342 & 380/149 IPC on Final Report having been submitted after investigation. 2. Learned counsel for the petitioner has contended that this totally false case has been foisted against him. He has wrongly been declared as an absconder/or a proclaimed offender. 3. As a matter of fact, he was residing abroad since long. There is no specific allegation against him in the statements recorded u/s. 200/202 Cr.P.C. Mst. Shakuran who is the wife of complainant-Mehandi Hussain has not even named him in her statement recorded during the preliminary enquiry as well as at the trial against co-accused persons. Another witness Anwar who has been examined as PW-3 has also not named him. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar, the nature of accusation against the petitioner, the materials on record and all other facts and circumstances of the case, it appears to be a fit case for grant of pre-arrest bail to the petitioner. 6. In the result, the bail application is allowed and it is directed that if the petitioner surrenders before the concerned Court and applies for bail, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the concerned Court for his appearance before that Court on each and every date of hearing until conclusion of the trial.Bail application allowed. *******