Javed vs State
2021 Latest Caselaw 11435 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9267/2021

Javed S/o Khaju Khan, Aged About 31 Years, B/c Muslim, R/o Village Khothali, Dist. Ajmer. At Present Sector No. 8, Mukhta Prasad Nagar, Bikaner (At Present Lodged In Central Jail, Bikaner).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr H.S. Shrimali
For Respondent(s)        :     Mr Sudhir Tak, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

23/07/2021

This bail application has been filed by the petitioner under

Section 439 Cr.P.C. in connection with FIR No.62/2021 registered

at Police Station, Nayashehar, District Bikaner for offence under

Sections 420, 467, 468, 471 & 120B IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the main

accused in the case is Sonu while no recovery has been made

from the petitioner and the allegations are also essentially against

other accused Sonu, who has not been arrested. The trial court

has rejected the bail to the petitioner on the ground that other co-

accused Sonu has not been arrested and further observed that

(2 of 2) [CRLMB-9267/2021]

fresh bail application can be moved only after the arrest of co-

accused Sonu and the investigation is completed against Sonu.

I have considered the submissions.

The condition of arrest of co-accused for grant of bail to the

petitioner is wholly unjustified. No such condition can be laid down

either by the trial court or by any other court as a pre-condition

for grant of bail. While granting bail, the role of the accused is

only required to be examined.

Keeping in view the aforesaid principle, without commenting

further on merits of the case, I am inclined to release the

petitioner on bail.

Accordingly, this bail application is allowed and it is ordered

that the accused petitioner - Javed s/o Khaju Khan be released

on bail under Section 439 Cr.P.C. in connection with aforesaid FIR

No.62/2021 registered at Police Station Nayashehar, District

Bikaner provided the petitioner furnishes a personal bond of

Rs.50,000/- with one surety in the like amount, to the satisfaction

of the concerned Magistrate with the stipulation that he shall

comply with all the conditions laid down under Section 437 (3)

CrPC.

(SANJEEV PRAKASH SHARMA),J

133-MMA/-

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