Judgment / Order

19/12/2024 The present bail applications have been filed under Section

483 B.N.S.S. The petitioners have been arrested in connection with FIR No.451/2020 registered at Police Station Sikri, District Bharatpur for the offence(s) under Sections 3, 5 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for brevity, ‘Act of 1995’), Section 16/54 of Rajasthan Excise Act, 1950 (for brevity, ‘Act of 1950’), Sections 3/25 and 6 of Arms Act, 1959 (Amendment 2019), Sections 307, 473, 34 and 332 of IPC and Section 3 of PDPP Act, 1984 and later on for the accused- petitioners-Iklas @ Kada and Mangal @ Aabid for the offence under Sections 473 and 34 of IPC and Sections 3, 5 and 6/8 of the Act of 1995 and Section 16/54 of the Act of 1950 and for the accused-petitioner-Hanni @ Hanif for the offence under Sections 473 and 34 of IPC and Sections 3, and 5/8 of the Act of 1995 and Section 16/54 of the Act of 1950.

Learned Senior Counsel for the petitioner-Iklas @ Kada and learned counsel for the remaining accused persons submit that the contents of FIR reflect that they have falsely been implicated in this case wherein, 18 accused persons including them have allegedly been identified in the headlight of jeep and dragon torch light. They submit that although, the FIR contains allegation that they tried to murder the police party with a slew of gunfire shots; but, neither any empty cartridge was found from the place of incident nor, charge-sheet has been filed under either Section 307 IPC or Arms Act. They submit that the petitioners are in judicial custody since long, charge-sheet has been filed, trial of the case will take time and pray for their release on bail.

Per contra, learned Public Prosecutor opposed the prayer.

Taking into consideration the submissions advanced by learned counsels for the petitioners, material available in the charge-sheet especially, the allegations in the FIR lodged by the police personnel themselves and not finding some of the allegations to be true in the charge-sheet filed, their length of custody and filing of charge-sheet; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Iklas @ Kada S/o Noor Mohd @ Juhru, 2. Hanni @ Hanif S/o Kundan and 3. Mangal @ Aabid S/o Rasid shall be released on bail under Section 483 B.N.S.S. in connection with afore-mentioned FIR registered at concerned Police Station, provided they furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section 480(3) B.N.S.S. (437(3) Cr.P.C.).

(MAHENDAR KUMAR GOYAL),J PRAGATI/10-12 Powerd by TCPDF (w.tcpdf.org)