Amzad @ Tikola vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.344/2018, Police Station Pratapgarh for the offences under Sections 302, 201 and 120-B IPC and Sections 3/25 and 4/25 of the Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

Learned counsel for the petitioner submitted that co-accused Rosham Khan, Prakash, Sukhlal, Ravindra Singh and Soyad @ Soied have already been enlarged on bail by the Coordinate Benches of this Court vide orders dated 22.01.2020 (S.B. Criminal Misc. Bail Application No.13654/2019), 12.09.2019 (S.B. CriminalMisc. Bail Application No.10811/2019), 22.08.2019 (S.B. criminal Misc. Bail Application No.8961/2019), 15.07.2019 (S.B. Criminal Misc. Bail Application No.7209/2019) and 24.01.2023 (S.B. criminal Misc. Bail Application No.14492/2021).

Learned counsel further submitted that petitioner has been falsely implicated in the case. It is also submitted that Basantilal, who is an eye-witness of the alleged incident, which took place on 03.11.2018, during his statements before the competent criminal court, did not support the prosecution story and has been declared hostile.

Learned counsel for the petitioner submitted that in view of this development, the prosecution story completely falls flat since the petitioner is not connected with the said incident dated 03.11.2018.

Learned counsel lastly submitted that there is no circumstantial evidence, which would connect the petitioner with the crime.

Learned Public Prosecutor vehemently opposed this bail application.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Amzad @ Tikola S/o Shri Ahmeda Khan, arrested in connection with FIR No.344/2018, P.S. Pratapgarh shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so