HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12778/2021 Moinuddin S/o Sh. Abdul Samad Khan Pathan, Aged About 31 Years, Haweli Ka Chowk, Sardarnagar, Banera, Dist. Bhilwara. (At Present Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr Naman Mohnot
For Respondent(s) : Mr S.K. Bishnoi, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment / Order
01/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.89/2021, Police Station Banera, District Bhilwara for the offences under Sections 153-A, 295-A, 504 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the offence alleged against the petitioner are punishable with imprisonment for 03 years and are triable by Magistrate. The petitioner is a journalist, who never published any news disrupting the communal harmony. The news posted by the petitioner can not be treated an offence under Sections 153-A, 295-A IPC.
The learned Public Prosecutor opposed the bail. (Downloaded on 01/10/2021 at 08:44:11 PM)
(2 of 2) [CRLMB-12778/2021] Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, particularly looking nature of the post on social media by the petitioner, this Court deems it fit to enlarge the petitioner on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Moinuddin S/o Abdul Samad Khan Pathan arrested in connection with F.I.R. No.89/2021 P.S. Banera, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with 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.
(RAMESHWAR VYAS),J 80-MMA/-
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