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Judgment
The accused/applicant seeks regular bail in case FIR No. 931/2023 of PS Sarai Rohilla for offence under Section 307/195A/506/120B/34 IPC and Section 83 JJ Act.
Broadly speaking, allegation against the accused/applicant is that he along with his co-accused persons assaulted the injured Iqbal. According to prosecution, the accused/applicant was armed with a surgical blade while the co-accused persons were armed with knives. According to MLC, there was one stab wound on left hand below elbow and multiple incised wounds on face of the injured Iqbal. The injured Iqbal was released on the same date after medical treatment.
Learned counsel for accused/applicant submits that the alleged incident occurred on 22.12.2023 and the accused/applicant was arrested on 27.12.2023 and since that day he is in jail. It is also submitted that the co-accused persons namely Sonu and Mumtaz have already been granted bail.
Learned APP for State submits that the injured was summoned 3-4 times by the trial court but he did not appear for his testimony and now his testimony is to be recorded on 17.07.2026.
Considering the above circumstances, including the nature of injuries, bail granted to the co-accused persons who were carrying comparatively more dangerous weapons and also the fact that injured Iqbal has not been turning up for his testimony before the trial court, I find no reason to deprive liberty to the accused/applicant any further.
Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.
A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
It is specifically directed that the accused/applicant shall not contact the injured Iqbal in any manner whatsoever.