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2013 DIGILAW 1258 (RAJ)

Shakeel v. State of Rajasthan

2013-07-11

NISHA GUPTA

body2013
JUDGMENT 1. - This bail application under Section 439 Cr.P.C. has been filed by the petitioner for releasing him on bail. 2. Heard learned counsel for the parties. 3. The contention of the present petitioner is that he is behind the bar since 24.12.2011. He has been attributed injury by sharp weapon whereas postmortem and injury reports of the deceased reveal that he has not suffered any injury by sharp weapon and the deceased has suffered two injuries by blunt weapon, which has been attributed to Rafeek and Rahees. It is also stated that the co-accused Rafeek and Rahees both have been released on bail. Hence, the present petitioner also be released. No fatal injury has to be attributed to him. 4. Per contra, the learned Public Prosecutor submitted that injuries by sharp weapon has been attributed to him. Hence, he should not be released on bail. 5. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, which has been placed before me by way of case diary, without expressing any final opinion on the merit and demerit of the case, are inclined to grant benefit of bail to the accused-petitioner. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. 7. It is ordered that the accused-petitioner Shakeel S/o Shri Rajuddin @1 Rajauddin, in F.I.R. No. 514/2011, registered at Police Station Kotwali Karauli, District Karauli, shall be released on bail; provided he furnishes a personal bond if Rs. 50,000/- (Fifty Thousand Rupees only) and two surety bonds of Rs. 25,000/-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.Bail application allowed. *******