- (1.) HEARD learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments of the case.
(2.) CONTENTION of learned counsel for petitioner is that although petitioner has been named in FIR but police originally kept the investigation pending against him under Section 173(8) of Cr.P.C. as there is no specific allegation of causing any injury on person of deceased by petitioner. Co-accused persons, namely, Akram alias Ukkar, Aasif @ Kala, Zakir, Rahis alias Kala and Sakir Khan have been enlarged on bail by a coordinate bench of this court in S.B. Criminal Miscellaneous Bail Application No.8174/2010 vide order dated 04.10.2010 Learned Public Prosecutor opposed the bail application. After considering all facts and circumstances of case and without expressing any opinion on its merits and demerits and keeping in view fact that main allegation of causing injuries to deceased Hussain Khan is attributed against co-accused Ashu, Ahmed and Iqbal and case of petitioner stands exactly on same footing as that of those five accused who have already been enlarged on bail, I deem it just and proper to release accused-petitioner, namely, Israil Son of Shri Sirdar Khan, Resident of Kemasa, Police Station Govindgarh, District Alwar (presently confined in Central Jail, Alwar) on bail under Section 439 Cr.P.C., in FIR No.68/2010, Police Station Govindgarh, District Alwar, for offence under Sections 148, 149, 323, 325, 308 and 302 IPC, provided he furnishes a personal bond in sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of.;