Musaif Khan vs State Of Rajasthan

Heard learned counsel for the petitioner through video call and perused the case file as well as material available on record.

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.75/2018 Police Station Rathanjana District Pratapgarh for the offences punishable under Section 302 IPC and under Section 3/25 of Arms Act.

Learned counsel for the petitioner through Video Call submits that similarly situated co-accused Haidar has enlarged on bail and the case of the present petitioner is similar to that of the co- accused. He further submits that Police filed challan against the petitioner as well as Haidar for the offence under Sections 3/25 and 29 of the Arms Act. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor vehemently opposed the bail application.

Taking into the facts and circumstances of the case and also the facts that the similarly situated co-accused Haidar has already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Musaif Khan S/o Shri Irfan Khan shall be released on bail in connection with FIR No.75/2018 Police Station Rathanjana, District Pratapgarh provided he executes personal bond in a sum of Rs.1,00,000/- with two sound and solvent surety of Rs.50,000/- 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.