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2022 DIGILAW 1617 (RAJ)

Sapoot Ali v. State Of Rajasthan, Through P. P.

2022-05-17

FARJAND ALI

body2022
ORDER 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Sapoot Ali S/o Liyakat Ali. The petitioner has been arrested in connection with FIR No. 204/2021 registered at Police Station Ghad, District Tonk for the offence(s) under Sections 365 of IPC. 2. Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. He is behind the bars since long time. No useful purpose would be served by keeping him behind the bars till disposal of the case. 3. Per contra, learned Public Prosecutor opposed the bail application. 4. Heard learned counsel for both the parties. Perused the entire material made available on record. Learned counsel submits that no eye-witness on account of the incident is available the entire case of the prosecution is based upon circumstantial evidence, however the circumstances put forth in this matter against the petitioner are neither definite in tendency nor conclusive in nature. He submits that the circumstances must be like a Spider's Web leaving no room for exit to the culprit and must be pointing uneeringly towards the guilt of the accused. He further submits that recovery chip after 4-5 days of his arrest does create a link between the murder and the petitioner. He vehemently urged that sincere endeavour has been made by the agency to implicate him in the case and for which the purported evidence is collected after arrest of the accused. There is no iota of evidence on the basis of which the petitioner was arrested. 5. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.