CRLMB3104/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3104/2010 Ashraf @ Afsar Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Madhav Mitra, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that petitioner was arrested in this case on 02.12.2009 only with the aid of Section 120-B of the IPC whereas the main allegation of causing firearm injury and thereby attracting offence under Section 307 IPC, is against Iqbal. It is alleged against the petitioner that he was riding another motorcycle and coming side-by-side with co-accused Iqbal whereas in the FIR mention is made only of one motorcycle which was being driven by Unnas and, Iqbal was sitting behind him, who opened fire. Learned counsel drew attention of the Court towards statement of Shakti recorded under Section 161 Cr.P.C., in which mention is made of only one motorcycle. So far as other cases pending against petitioner are concerned, all of them are of petty nature under Sections 323 and 341 IPC, registered long ago in 2001 and 2002; the petitioner is in jail for almost six months; challan has already been filed; trial of the case is likely to take a long time. CRLMB3104/2010 // 2 // Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Ashraf @ Afsar Son of Shri Gafoor on bail under Section 439 Cr.P.C., in FIR No.437/2009, Police Station Sadar, Alwar, for offence under Sections 307, 324, 201, 120B IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//