The court's decision was influenced by the interpretation of Section 439 Cr.P.C., considering the custody period, lack of specific role attributed to the petitioners, and the assurance given by their counsel.

JUDGMENT

1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.120/2022, registered at Police Station Sardarpur, District Jodhpur, for the offences punishable under Sections 147, 148, 323, 341, 153-A, 160, 332, 353/149 of I.P.C. and Section 3 P.D.P.P. Act.

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

3. Learned counsel for the petitioner submits that similarly situated co-accused Mohd. Yasin, Haider@ Dabbi, Sattar @ Shakir, Aarif Ali, Sohail Qureshi, Mohammed Zakir, Sharukh Khan & Ameen @ Amboli, have already been enlarged on bail by the Coordinate Benches of this Court and the case of present petitioner is not distinguishable from those of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. The order passed by the Coordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.6817/2022 is reproduced herein below:-

" These bail applications under Section 439 Cr.P.C. are laid by petitioners in connection with an FIR, wherein they are charged for offences punishable under Sections 147, 148, 323, 341, 153A, 160, 332, 353/149 IPC and Section 3 of PDPP Act.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case. It is further submitted that co-accused Mohd. Yasin, Haider @ Dabbi, Sattar @ Shakir , Aarif Ali, Sohail Qureshi and Mohammed Zakir have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 03.06.2022. It is further submitted that accused-petitioners are behind the bars since 05.05.2022 and further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.

Learned counsel assures the Court that in case accused-petitioners are released on bail, they shall not create any law and order situation and also undertakes that in case of any repetition of incidents, the petitioners may be made liable to be viewed seriously by the prosecution and the Courts.

On the contrary, learned Public Prosecutor opposed the bail applications of the accused-

petitioners but is unable to point out any specific role attributed to the present petitioners though there are omnibus allegations against them pertaining to their participation in the mob and also pelting stones, but no particular role in any particular incident has been attributed to the present petitioners.

Any specific injury or any kind of specific overact is not attributed to the present petitioners.

The factual report submitted by learned Public Prosecutor is taken on record.

Looking into the custody period of the petitioners and the assurance given by learned counsel for the petitioners, this Court is of the opinion that at this stage, the custody of the petitioners in this case, is not warranted.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

Accordingly, both the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners (1) Sharukh Khan S/o Samndar Khan, and (2) Ameen @ Amboli S/o Shri Raju arrested in connection with F.I.R. No.120/2022, Police Station Sardarpura, Jodhpur, may be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- (to be furnished by petitioners' family members) each to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till