2007 PLP 2182 (YLR)

ANWAR ZAHEER JAMALI, J.--The applicant has moved this bail application under section 497, Cr.P.C. for seeking bail in Crime No.1 of 2003, Police Station S.I.T.E. Hyderabad.

2. As per prosecution story narrated in the F.I.R., on 9-1-2003 at 2230 hours, when 10 culprits were coming in a boat duly armed with weapons to commit some crime, the police party had apprehended five of them, while the other five, including the applicant, as detailed in the complaint, managed to escape from the place of occurrence. According to the further contents of the F.I.R., the name of present applicant was disclosed by other accused, as Baboo Kohli son of not known r/o Hala Naka Hyderabad, and on that account he was apprehended by that police after more than four years and accordingly supplementary challan was submitted on 6-4-2007.

3. The trial Court had dismissed the bail application of the applicant vide its order dated 27-4-2007, on the sole ground that according to the applicant's counsel the police has arrested Dharamsi son of Kirshan, who is not the accused Baboo, therefore, the said bail application was not maintainable on behalf of the applicant.

4. Mr. Anwar H. Ansari, the learned State counsel has candidly conceded for grant of bail to the present applicant as from the police papers it is evident that the present applicant has been arrested in the crime on his identification name, as Baboo Kohli but he is none else than the applicant.

5. Mr. Irfan Ahmed Qureshi, learned counsel for the applicant submits that in a mala fide manner the present applicant has been arrested in the crime after more than 4 years of the incident and now only on the basis of his name disclosed as Baboo by some other accused he has been trapped in the crime with no other incriminating material available with the prosecution to detain him in custody in the said crime.

6. I have carefully considered the submissions of the learned counsel and perused the material placed on record and find substance in the submissions of Mr. Irfan Ahmed Qureshi.

7. The applicant has been apprehended in the crime due to the disclosure of his name as Baboo by co-accused while no other incriminating material is available with the prosecution, till this date, to connect him with the alleged crime.

8. This being the position, the case of the applicant needs further inquiry, which entitles him for grant of bail. Accordingly, this bail application is allowed and applicant is admitted to bail on his furnishing surety in the sum of Rs.50,000 (Rupees fifty thousand) and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./D-10/K Bail granted.