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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.163/2019, Police Station Chhatargarh, District Bikaner, for the offences under Sections 302, 341, 323, 34 and 120B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the wife of the present petitioner was having an extra marrital affair with the deceased Shabir.
On an information being received that Shabir and wife of petitioner are present in a building nearby, the petitioner along with Guljar Ali went to the place and when he saw that the petitioner’s wife was in a compromising position with Shabir, he got agitated and at the spur of moment, a scuffle took place. In the incident, Shabir was assaulted at the hands of the present petitioner and co-accused Guljar Ali. Due to the injuries suffered in the incident, Shabir died. The charge sheet has been filed. The co-accused Mukstak Khan and Gulzar Ali have been enlarged on bail by this Court vide orders dated 17/01/2020 and 11/02/2020. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, 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 Nazam Ali S/o Sh. Yare Khan arrested in connection with F.I.R.
No.163/2019, Police Station Chhatargarh, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees:
Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.