Usman vs State, Through P.p.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.130/2019 of Police Station Pratapgarh District Pratapgarh for the offences punishable under Sections 307, 326, 341, 323, 34 IPC read with Section 4/25 Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of the bail application of the petitioner, statements of injured Sultan Shiekh and complainant Ashia wife of Sultan Shiekh have been recorded before the trial court as PW-1 and PW-2 and in those statements they admitted that in the accident, in which two motorcycles collided with each other, the injured as well as the complainant received injuries. It is further submitted that the complainant in her cross examination has admitted that after collision of the motorcycle, she and her husband fell down from the motorcycle. It is submitted that in view of the above evidence, it is clear that the injured Sultan Shiekh has received injury in the accident, however due to enmity, he has falsely implicated the petitioner.

Learned Public Prosecutor has opposed 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Usman S/o Illahibaksh, shall be released on bail in connection with FIR No.130/2019 of Police Station Pratapgarh District Pratapgarh provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.