The High Court · 2012

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bhanu Prakash for the petitioner. Shri Mahendra Meena, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of learned counsel for the petitioner is that allegation of causing grievous injury has been made jointly against three accused namely; petitioner-Manjoor Khan, Wahid and Sharif Maulana in the statement of witnesses Mohammad Nasir, Tasleem Ahmed, Sajauddin and Tahir, whereas injured Ehsan in his statement has made such allegation against five accused including petitioner and not in specific against petitioner alone. There was no external injury, but only internal injury was found on non-vital part of the body of injured. Petitioner is in jail for last four months. All other co-accused have been released on bail. The first bail application of the accused-petitioner was rejected at the time when the investigation was still pending. Challan has now been filed. Accused-petitioner has no previous case against him. He undertakes not to indulge in any offence in future and would maintain good conduct while on bail. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Manjoor Khan S/o 2 Dilshad Khan shall be released on bail in F.I.R. No.165/2012, P.S. Galta Gate, Jaipur for offence u/s.323, 341, 143 & 307 of IPC to his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/24 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)