Abid Hussain, Kayum, Irfan and Aalam vs The State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

Contention of learned Counsel for petitioners is that the alleged offence against the petitioners is under Sections 412, 395, 365, 342, 341 and 323 IPC; FIR in the present case was lodged on 20.04.2010 and they were arrested on the very next date of the incident i.e. 21.04.2010; they were shown accused in three other cases; in one of which they were arrested on 17.04.2010 for offence u/s 379 IPC and in other two cases they were arrested on 21.04.2010 and 24.04.2010 which were for offence under Sections 3/25, 4/25 of the Arms Act and u/s 379 IPC. In fact all these cases were filed falsely to depict them in other offences whereas fact is that in other cases they were falsely made accused. The investigation in the present case is complete; challan has already been filed; trial is likely to take a long time. The petitioners would undertake not to indulge in any other offence and would maintain good conduct in future.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Abid Hussain Son of Kamrudeen (S.B. Cr. Misc. Bail Application No. 5199/2010) and (2) Kayum Son of Hanifa Khan (S.B. Cr. Misc. Bail Application No. 5312/2010, (3) Irfan Son of Shri Majid Khan and (4) Aalam Son of Shri Jumme Khan (S.B. Cr. Misc. Bail Application No. 5779/2010) on bail u/s 439 Cr.P.C., in FIR No. 146/2010, Police Station Dudu, District Jaipur, for offence under Sections 412, 395, 365, 342, 341 and 323 IPC, provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this Court in the present case, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioners, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.

The bail application stands disposed of.