Mohammad Jakir Khan vs State Of Rajasthan
2021 Latest Caselaw 2374 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1154/2021

Mohammad Jakir Khan S/o Mohammed Ajij, Aged About 43 Years, R/o Raza Colony, Nimbahera, Tehsil Nimbahera, District Chittorgarh. (Raj.).

(At Present Lodged At Sub Jail, Nimbahera).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Zafar Khan
For Respondent(s)         :     Mr. Mohd. Javed Gauri, P.P.



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

28/01/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.400/2020 of

Police Station Kotwali Nimbahera, District Chittorgarh for the

offence punishable under Section 306 IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of instigating the deceased for

committing suicide is false. It is also submitted that co-accused

Smt. Tahira, against whom the similar type of allegation has been

levelled, has already been enlarged on bail. It is submitted that

the charge-sheet has been filed and trial of the case will take

time.

(2 of 2) [CRLMB-1154/2021]

Learned Public Prosecutor has opposed the bail application.

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

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Mohammad

Jakir Khan S/o Mohammed Ajij shall be released on bail in

connection with FIR No.400/2020 of Police Station Kotwali

Nimbahera, District Chittorgarh provided he 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

Abhishek Kumar S.No.26

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