Soyeb @ Poya vs State
2021 Latest Caselaw 2823 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1446/2021

Soyeb Akhtar S/o Musa Ali, Aged About 20 Years, By Caste Musalman, R/o Opposite Purani Pyau, Dargah Chowk, Maderna Colony, Jodhpur, (At Present Lodged In Central Jail, Jodhpur).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1272/2021 Naim @ Sonu S/o Shri Ismile, Aged About 20 Years, Kaga Kagri, Bhil Basti, Nagauri Gate, Gali No. 7, Near Vishnu Kirana Store, Police Station Nagori Gate, Jodhpur. (At Present Lodged In Central Jail Jodhpur).

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 1447/2021 Soyeb @ Poya S/o Mohammed Iqbal, Aged About 21 Years, By Caste Musalman, R/o Kalakaro Ka Mohlla, Maderna Colony, Jodhpur, (At Present Lodged In Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Pushpendra Singh Chouhan Mr. Kailash Chandra Panchariya For Respondent(s) : Mr. Mahipal Bishnoi, PP For Complainant(s) : Mr. D.K. Joshi

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

02/02/2021 Heard learned counsel for the parties and also perused the

material on record.

(2 of 3) [CRLMB-1446/2021]

The petitioners have been arrested in FIR No.520/2020 of

Police Station Mahamandir, District Jodhpur for the offences

punishable under Sections 457 and 380 of IPC. They have

preferred these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

petitioners are in judicial custody and as per the order of trial

court, no other criminal cases are pending against them. It is also

submitted that the offences, for which the FIR has been lodged,

are triable by Magistrate.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail applications.

Learned counsel for the complainant has submitted that

though huge quantity of stolen articles has been recovered from

the petitioners, but some more stolen articles are yet to be

recovered from the petitioners, therefore, they are not entitled to

be enlarged on bail.

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 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 Soyeb Akhtar

S/o Musa Ali, Naim @ Sonu S/o Shri Ismile and Soyeb @ Poya S/o

Mohammed Iqbal shall be released on bail in connection with FIR

No.520/2020 of Police Station Mahamandir, District Jodhpur

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/-

(3 of 3) [CRLMB-1446/2021]

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

48 to 50-Arun/-

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