The court considered the custody period, lack of specific allegations, and the assurance given by the defense counsel in deciding to grant bail to the accused-petitioners.

JUDGMENT

1. 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.

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

3. Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case. It is further submitted that co-accused Danish Saifi, Umar Farukh @ Pahul Khan, Salmaan, Haider Ali Urf Pida, Sohil, Tosif Khan, Abid Khan and Firoj Khan 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 long and further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioners.

4. Learned counsel assures 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 the incidents, the petitioners may be made liable to be viewed seriously by the prosecution and the Courts.

5. On the contrary, learned Public Prosecutor opposed the bail applications of the accused-petitioners but are 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.

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

7. 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.

8. 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.

9. Accordingly, both the bail application under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners (1) Aashif @ Sultan S/o Shri Akram Khan, (2) Abdul Basid S/o Shri Julfikar, (3) Adil S/o Shri Naushad Khan, (4) Mussa Khan S/o Sumer Khan, and (5) Tazu Khan S/o Sheru Khan arrested in connection with F.I.R. No.113/2022, 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 the completion of the trial.

10. However, in case any law and situation is created by the petitioners in future, the prosecution shall be free to move an application for cancellation of bail granted to them.