Munna Hussain vs State Of Rajasthan

Rekha Borana, J

The present bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner for the alleged offence punishable under Section 4/25 of the Arms Act in connection with FIR No.322/2021 registered at Police Station Bhupalpura, District Udaipur.

The offences alleged in the present matter against the accused petitioner is that he was in possession of a sharp weapon at a public place and was threatening the people that someone would be killed by him. The charge-sheet has been filed against the petitioner under Section 4/25 of the Arms Act and trial has also commenced. During the trial, the bail application moved by the accused petitioner was rejected by the trial Court below and therefore, the present bail application has been moved before this Court.

Heard counsel for the petitioner and Public Prosecutor.

Perused the material available on record.

Having regard to the facts and circumstances of this case, particularly that no independent witness has corroborated the fact of the petitioner threatening anyone with an intent to kill and the fact that the accused is behind the bars since 15.10.2021, without expressing any opinion on the merits 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 is allowed. It is ordered that the accused-petitioner – Munna Hussain S/o Mohammad Hussain, arrested in connection with FIR No.322/2021 registered at Police Station Bhupalpura, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the 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.