Akram vs State
2021 Latest Caselaw 2692 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 11255/2020

Akram S/o Rafiq Khan Pathan, Aged About 24 Years, Masjid Wali Gali, Near Masjid Bansi, P.s. Badi Sadri, Dist. Chittorgarh. (Presently Lodged In District Jail, Chittorgarh).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.389/2018 of Police Station Chittorgarh, Distt.

Chittorgarh for the offence(s) punishable under

Section(s) 395, 455, 120-B IPC and Section 3/25 of the

Arms Act. He/she/they has/have preferred this/these

third bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

statements of prosecution witness Kailash Devi (PW-16)

have been recorded before the trial court. It is submitted

that at the time of recording of statements of Kailash

Devi, the petitioner was not produced before the trial

court, therefore, there was no occasion for her to identify

him. It is further submitted that other co-accused

(2 of 2) [CRLMB-11255/2020]

persons namely Suresh, Bheru Shanker, Rajpal @ Goda,

Sanjay Nagda, Prem Saini, Hanif Khan and Manish have

already been enlarged on bail.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these third bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed

that petitioner(s) - Akram S/o Rafiq Khan Pathan shall be

released on bail in connection with FIR No.389/2018 of Police Station Chittorgarh, Distt. Chittorgarh provided

he/she/they execute(s) a personal bond in the 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/her/their 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

ms rathore

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