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2006 DIGILAW 2808 (RAJ)

Kafeel Ahmed v. State of Rajasthan

2006-10-04

CHATRA RAM JAT

body2006
JUDGMENT 1. - Heard. 2. Learned counsel for the accused petitioner states that though this is IInd bail application, but as per the order dated 26.6.2006, liberty was given to the accused petitioner that after recording the statement of prosecution witnesses Deendayal Darji, Jai Govind Darji, Ashok Kumar Jat, Sardar Singh Jat, Smt. Savitri Devi, Tara Chand Jat, Banwari Lal, Bhanwar Singh, Suresh and Shankar Singh, he can move the fresh bail application. He further states that the coordinate bench of Honble Court in bail application Nos. 3706/2006 and 2314/2006 granted the liberty to the accused petitioners Hanuman Prasad and Gulshan (accused in those bail applications) to move the bail application in the Court of ADJ No. 1, Sikar after framing the charge.Learned counsel further states that the charge has been framed on 1.9.2006 and after framing the charge under Sections 147,148, 323, 304/149 I.P.C. and Section 3/30 of Arms Act, bail application of co-accused Gulshan was allowed by the learned lower Court vide order dated 12.9.2006. The case of the accused petitioner is not distinguishable from the co-accused Gulshan, rather the petitioner's case is on better footing, trial will take time, so on parity he be released on bail. 3. Learned Public Prosecutor for the State opposed the bail application and contended that petitioner was given the liberty that after examining certain witnesses, he can move the fresh bail application. Since those witnesses have not been examined, so on this account and looking to the seriousness of the offence, his bail should be rejected. 4. After considering all the facts and circumstances of the case and looking to the order dated 12.9.2006 of the learned lower Court, without expressing any opinion on the merits and demerits of the case, I am inclined to release the accused petitioner on bail and order accordingly. 5. In the result this bail application is allowed and it is ordered that accused petitioner Kafeel Ahmed, S/o Mohammed Rafeeq in F.I.R. No. 68/2006, registered at Police Station Laxmangarh, District Sikar for the offence under Sections 147, 148, 323/149 and 302 I.P.C. now 304/149 I.P.C. shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (in words & Rs. One Lakh) with two sureties of Rs. 50,000/- (in words Rs. 1,00,000/- (in words & Rs. One Lakh) with two sureties of Rs. 50,000/- (in words Rs. Fifty Thousand) each to the satisfaction of the learned trial Court concerned with the stipulation to appear before that Court on all subsequent dates of hearing and as and when called upon to do so.Bail application allowed. *******