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Bashir Khan vs State on 18 July, 2017

S.B. Criminal Misc. II Bail No. 5865 / 2017
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For Petitioner(s) : Mr.IR Choudhary
For Respondent(s) : Mr.OP Rathi, PP.
Judgment / Order

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant second bail application under Section 439 Cr.P.C.

has been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.86/2016, registered at Police Station

Dantour, Bikaner for the offences under Sections 498A, 304B, 302

and 120B IPC.

After rejection of first bail application submitted on behalf of

the petitioner, material prosecution witnesses PW3 Riyaz being the

brother of deceased Smt. Rukina, PW5 Ashiq Khan her father and

PW4 Smt.Manga her sister have been examined at the trial. All

these witnesses did not support the prosecution story and have

been declared hostile.

(2 of 2)

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

Accordingly, the instant second bail application under Section

439 Cr.P.C. is allowed and it is directed that the petitioner Bashir

Khan arrested in connection with F.I.R. No.86/2016, registered at

Police Station Dantour, Bikaner shall be released on bail provided

he furnishes a personal bond of Rs.50,000/- and two surety bonds

of Rs.25,000/- each to the satisfaction of the learned trial court

with the stipulation to appear before that Court on all dates of

hearing and as and when called upon to do so.



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