Irfan S/O Asgar @ Asagdeen vs State Of Rajasthan (2024:Rj-Jp:21913)

Rajasthan High Court

Irfan S/O Asgar @ Asagdeen vs State Of Rajasthan (2024:Rj-Jp:21913) on 9 May, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:21913]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             4738/2024

1.     Irfan S/o Asgar @ Asagdeen, Aged About 33
       Years, R/o Kherli Kaji, Jhopdi, Police Station
       Jurhara, Presently Resident Of Lalpur, Police
       Station Kaman, District Deeg. (At Present
       Accused Petitioner Confined In Sub Jail Deeg).
2.     Hasam @ Hasim @ Hassan S/o Sheru @ Sher
       Mohammad, Aged About 25 Years, R/o Hajari
       Vas Vilag, Police Station Kaman, District Deeg.
       (At Present Accused Petitioner Confined In
       Sub Jail Deeg).
                                                          ----Petitioners
                                 Versus
State Of Rajasthan, Through Pp
                                                      ----Respondent

For Petitioner(s) : Mr. Ankit Khandelwal, Adv.

For                       : Mr. Suresh Kumar, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 09/05/2024 Learned counsel for accused-petitioners prays for withdrawal of this criminal misc. second bail application qua accused-petitioner No.2-Hasam @ Hasim @ Hassan S/o Sheru @ Sher Mohammad at this stage.

In view of above, the criminal misc. second bail application qua accused-petitioner No.2-Hasam @ (Downloaded on 10/05/2024 at 09:23:30 PM) [2024:RJ-JP:21913] (2 of 3) [CRLMB-4738/2024] Hasim @ Hassan S/o Sheru @ Sher Mohammad is dismissed as withdrawn at this stage.

This second bail application has been filed by the petitioner No.1-Irfan S/o Asgar @ Asagdeen under Section 439 Cr.P.C. seeking regular bail in FIR No.286/2023 registered at Police Station Kaman, District Bharatpur for the offence(s) under Section(s) 3/8 of RBA Act and under Section(s) 3/25 of Arms Act.

The first bail application of the accused- petitioner No.1 was dismissed as withdrawn by this Court vide order dated 05.04.2024, giving liberty to the accused-petitioner No.1 to file afresh after filing of the charge sheet.

Learned counsel for the petitioner No.1 submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner No.1 may be enlarged on bail.

Learned Public Prosecutor appearing for the State has opposed the bail application qua accused- petitioner No.1.

(Downloaded on 10/05/2024 at 09:23:30 PM)

[2024:RJ-JP:21913] (3 of 3) [CRLMB-4738/2024] Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner No.1 on bail.

Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed qua accused- petitioner No.1 and it is ordered that accused- petitioner No.1 Irfan S/o Asgar @ Asagdeen shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner No.1 shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

(UMA SHANKER VYAS),J DANISH USMANI /06 (Downloaded on 10/05/2024 at 09:23:30 PM) Powered by TCPDF (www.tcpdf.org)