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BABLU @ SHRAFAT ULLAH v STATE - CRLMB Case No. 3919 of 2007  RD-RJ 4824 (27 September 2007)
S.B.Cr.Misc. Bail App. No.3919/2007
(Bablu alias Shrafat-Ullah Khan vs. State of Rajasthan)
Date of order : September 27, 2007
Mr.R.K.Charan, for the petitioner.
Mr.Ashok Upadhyaya, Public Prosecutor.
Heard learned counsel for the petitioner and the Public
Prosecutor for the State. Perused the order impugned and the challan papers.
It is contended by the learned counsel for the petitioner that the petitioner has been implicated with the aid of section 120-B I.P.C., however, there is absolutely no evidence of entering into a criminal conspiracy for committing the murder of
Giriraj against the petitioner. It is further contended by the learned counsel for the petitioner that similarly situated co- accused Amin Khan, from whom a motorcycle, which was used by assailants, was recovered, has been granted bail by a Co- ordinate Bench of this Court vide order dt. 20.7.2007 in
S.B.Cr.Misc. Bail Application No.3157/2007.
Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused Amin Khan has been granted bail by a Co-ordinate Bench of this Court and the case of the present petitioner stands on better footing than of co-accused Amin Khan, I consider it just and proper to enlarge the accused petitioner on bail.
Accordingly, the bail application filed under Sec. 439
Cr.P.C. is allowed and it is directed that petitioner Bablu alias
Shrafat-Ullah Khan s/o Deran Khan be released on bail in FIR
No.17/2007, P.S. Pratapgarh provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
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