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Mohammad Hussain vs State
2021 Latest Caselaw 19018 Raj

Citation : 2021 Latest Caselaw 19018 Raj
Judgement Date : 14 December, 2021

Rajasthan High Court - Jodhpur
Mohammad Hussain vs State on 14 December, 2021
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15458/2021

Mohammad Hussain S/o Mohammad Ishak, Aged About 20 Years, R/o Near Sajan Nagar Water Tank, P.s. Ambamata, Udaipur. (At Present Lodged In Central Jail Udaipur)

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15975/2021 Raja Hussain Hela S/o Shri Amanat Hela, Aged About 23 Years, R/o Sajjannagar, Pani Ki Tanki Ke Pas, Police Station Ambamata, Udaipur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. A.R. Chaudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/12/2021 Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.73/2021 of

Police Station Ghantaghar, District Udaipur for the offences

punishable under Sections 307, 341, 323, 34 of IPC and 4/25 of

Arms Act. They have preferred these bail applications under

Section 439 Cr.P.C.

(2 of 2) [CRLMB-15458/2021]

Learned counsel for the petitioners has submitted that the

allegation against the petitioners of inflicting knife injuries with the

intention to kill the complainant is absolutely false. It is further

submitted that on account of trivial dispute, a quarrel took place

between the parties and the petitioners have no intention to kill

the complainant.

Learned Public Prosecutor has opposed the bail applications.

Having regard to the totality of the facts and circumstances

of the case, perusing the case diary and after taking into

consideration the fact that all the injuries are found to be simple in

nature, without expressing any opinion on the merits of the case,

I deem it just and proper to grant bail to the accused petitioners

under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Mohammad

Hussain S/o Mohammad Ishak and Raja Hussain Hela S/o Shri

Amanat Hela shall be released on bail in connection with FIR

No.73/2021 of Police Station Ghantaghar, District Udaipur

provided each of them executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

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.

(VIJAY BISHNOI),J

62-Arun/-

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