Full Judgment
[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
S.B.CR.
MISC.
BAIL APPLICATION No.8435/2014 (SHAKIL MEWATI @ BOTI versus STATE OF RAJASTHAN) S.B.CR.
MISC.
BAIL APPLICATION No.7035/2014 (MOHSIN RAJJ.KHAN versus STATE OF RAJASTHAN) S.B.CR.
MISC.
BAIL APPLICATION No.8436/2014 (BABLU @ THANDA @ SHAHRUKH versus STATE OF RAJ.) Date of Order :: 29.10.2014 HON’BLE MS.JUSTICE NIRMALJIT KAUR Mr.Mahesh Bora, Sr.Advocate assisted by Mr.Anil Kaviraj and Mr.Ramesh Purohit, for the petitioneRs.Mr.Ashok Upadhayay, Public Prosecutor, for the State.
All these bail applications stand decided by this common order as they arise out of the same FIR.
These bail applications have been filed under Section 439 Cr.P.C.The petitioners have been arrested in connection with FIR No.178/2014, Police Station Bhilwara Kotwali, district Bhilwara for the offences under Sections 302, 323, 143, 341 & 120-B IPC and Section 3[1].[X].and 3 [2].[V].of the SC/ST Act.
Learned counsel for the petitioners while praying for bail submitted that as many as nine persons have been named in the FIR.
Challan has also been filed against all of them.
The author of the FIR Vishal Khoiwal s/o Satya Narayan stated that all of them were armed with weapons and Mohsin Rajja Khan inflicted the knife blow and as a result of the which, the deceased died.
However, statements of the other eye witnesses namely Manoj Khatik, Vishal Khoiwal s/o Duli Chand and Pawan Kumar Khatik have been recorded.
All of them attributed the knife [2].blow to Sikandar @ Lottery.
It is further stated that no weapon or the said knife was recovered from Mohsin Rajja Khan.
In fact the knife was recovered from Sikandar @ Lottery and that Sikandar @ Lottery has since been enlarged on bail.
Similarly, the other six accused have also been released on bail.
Learned counsel for the State while opposing the bail submitted that all the other six accused have been released on bail as they are juvenile.
Moreover, the prosecution was able to solve the crime on the basis of CCTV footage which shows that they all are involved.
Heard.
It is not disputed that no weapon has been recovered from Mohsin Rajja Khan and nor from Bablu @ Thanda.
As per the post mortem report, there is only one injury.
The said injury is a knife blow.
The knife has been recovered from Sikandar.
Sikandar is released on bail.
Moreover, it is admitted that none of the petitioners could be identified on the basis of the CCTV footage.
Taking into account the facts and circumstances of the case, this Court deems it just and proper to release the petitioners on bail.
Accordingly, these bail applications under Section 439 Cr.P.C.are allowed and it is ordered that the accused- petitioners (1) Shakil Mewati @ Boti s/o Mohd.
Ali Mewati, (2) Mohsin Rajja Khan s/o Mozam Hussain Pathan and (3) Bablu @ Thanda @ Shahrukh s/o Abdul Latif shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
Anil/24-26 (NIRMALJIT KAUR).J.