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2018 DIGILAW 521 (RAJ)

Umardeen @ Umar Mohd. & Others v. C. B. I. Through Special P. p. & Others

2018-02-14

PANKAJ BHANDARI

body2018
JUDGMENT Pankaj Bhandari, J. - Petitioner-Umardeen has filed this Fifth bail application and petitioner-Akbar Ali has filed this Second bail application under section 439 of Cr.P.C., 1973. 2. F.I.R. No.RC5(S)/2011/S-III/CBI was registered at Police Station New Delhi for offence under Sections 147, 148, 323/149, 325/149, 326/149, 334/149, 295/149, 307/149, 353/149, 332/149, 427/149, 435, 436 read with Sections 149, 153A, 109/149 and 120B of I.P.C. 3. It is contended by counsel for the petitioners that charges against the present petitioners is of offence under Section 307 of I.P.C. Petitioner-Umardeen is in custody for last four and half years and petitioner-Akbar Ali is in custody for last more than six years. Out of list of sixty two witnesses, only fourteen have been examined so far. It is also contended that fifth bail application of Prem Chand was allowed by this Court. 4. Counsel for Central Bureau of Investigation has opposed the bail application. 5. I have considered the contentions. 6. Considering the contentions put forth by counsel for the petitioner as also the fact that Petitioner-Umardeen has remained in custody for last four and half years and petitioner-Akbar Ali has remained in custody for last more than six years and out of list of sixty two witnesses, only fourteen witnesses have been examined so far and charges against the petitioners is under Section 307 of I.P.C, I deem it proper to allow these bail applications. 7. Fifth bail application of petitioner-Umardeen and second bail application of petitioner-Akbar Ali are accordingly allowed and it is directed that accused-petitioners shall be released on bail provided they furnish a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) together with two sureties in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. A copy of this order be placed in connected file. 9. Ball Allowed As Above.