IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 3302/2010 Mukhtyar Vs State of Rajasthan through PP 8.4.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Abdul Kalam Khan - for the petitioner Mr Sanjeev Mehla PP BY THE COURT:
Heard learned counsel for the parties and perused the record of the case.
Learned counsel for the petitioner submits that petitioner has been implicated in the matter since he was present at the time of occurrence otherwise main allegations are against Asif and Aslam (other than deceased-Aslam). Thus, petitioner may be enlarged on bail.
On the other hand, learned Public Prosecutor has opposed the bail application.
After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of trial, looking to facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that petitioner namely, Mukhtyar may be released on bail under Section 439 CrPC in FIR No. 147/2009, registered at Police Station Nainwa, District Bundi for offence under Section/s 147, 148, 149, 452, 302 and 323 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.
(MN BHANDARI), J.
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