Faruk Mohammed vs State Of Rajasthan
2021 Latest Caselaw 9114 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4779/2021

1. Faruk Mohammed S/o Ishaq Sya, Aged About 30 Years, By Caste Muslim, R/o Narsingh Basni, Thanwla Police Station, District Nagaur. (Lodged In District Jail Merta).

2. Sadiq Mohammed S/o Ishaq Sya, Aged About 35 Years, By Caste Muslim, R/o Narsingh Basni, Thanwla Police Station, District Nagaur. (Lodged In District Jail Merta).

----Petitioners Versus State of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. O.P. Joshi
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

08/04/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioners, who are in custody in relation

to FIR No.122/2020, Police Station Thanwla, District Nagaur for

offences under Sections 302/34 & 120-B IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor and perused the challan papers.

After rejection of the first bail application (No.354/2021) of

the present petitioners by this Court vide order dated 15.02.2021,

statements of material witnesses Kismat Bano and Rehana Bano

have been recorded at the trial as PW.1 & PW.2. They did not

support the prosecution case and were declared hostile. The

deceased Rajiya Bano married Nissar Mohd about 10-12 years

(2 of 2) [CRLMB-4779/2021]

ago. She was murdered in her matrimonial home on 15.07.2020

on which the FIR came to be registered by her brother Mohammad

Ali for the offences under Sections 302/34 & 302/120-B IPC.

Charge sheet has been filed against the petitioners and Nisar Ali.

The petitioners happen to be the brothers-in-law of the deceased.

The cause of death of Smt. Rajiya Bano was strangulation as per

the postmortem report. The main allegations of the prosecution

are against her husband Shri Nisar Ali.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioners.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioners (1) Faruk Mohammed S/o Shri Ishaq Sya

& (2) Sadiq Mohammed S/o Shri Ishaq Sya arrested in connection

with the F.I.R. No.122/2020 registered at Police Station Thanwla,

District Nagaur shall be released on bail provided each of them

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.

(SANDEEP MEHTA),J 57-Sudhir Asopa/-

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