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Judgment
The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.206/2017, Police Station Sardarpura, District Jodhpur City West for the offence punishable under Section 302/120-B of IPC.
The first bail application of the petitioner was dismissed on 16.08.2018 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the present petitioner was only a driver of the principal accused Vinod @ Vikki. He was only following the instructions given by his master Vinod @ Vikki as he was having master and servant relationship being a driver of the principal accused Vinod @ Vikki. There is no evidence on record which connect the present petitioner with the commission of offence alleged in the present case. He was only asked by his master Vinod @ Vikki to park his car in front of Apex Hotel and follow the instructions. There is nothing on record which shows that he was part of the conspiracy hatched in the case. The charge-sheet in the matter has been filed. The petitioner is facing incarceration for last more than two years. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Farooq S/o Shri Idris shall be released on bail in connection with FIR No.206/2017, Police Station Sardarpura, District Jodhpur City West provided he furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.