Yunus Ali vs State
2021 Latest Caselaw 9314 Raj

(1 of 2) [CRLMB-5706/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5706/2021

Yunus Ali S/o Hamid Ali, Aged About 24 Years, R/o Chikarada, P.s. Mandfiya, District Chittorgarh, Rajasthan. (At Present Lodged At Nimbahera Jail)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr Raghuveer Singh Bhati through Cisco Webex For Respondent(s) : Mr S.K. Bhati, Public Prosecutor

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

03/05/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material available on record.

This bail application has been filed under sec.439 CrPC on

behalf of the petitioner, who is in custody in connection with FIR

No.39/2021 registered at Police Station Kotwali, Nimbaheda,

District Chittorgarh for offence under Sec.379 IPC.

Learned counsel for the petitioner states that the offence is

triable by court of Magistrate and charge-sheet has been filed

against the petitioner.

Per contra, learned Public Prosecutor opposed the Bail

Application and stated that 16 other cases also have been

registered against the accused-petitioner.

(2 of 2) [CRLMB-5706/2021]

In reply, learned counsel for the petitioner states that out of

those cases, in 07 cases the accused-petitioner was acquitted and

only 06 cases are pending.

Looking to the facts and circumstances of the matter,

particularly that the offence alleged against the petitioner is triable

by court of Magistrate, charge-sheet has been filed against him

and trial of the case is likely to take time; without commenting on

merits of the case, this Court is of the opinion that the petitioner

deserves to be enlarged on bail.

Accordingly, the bail application under Section 439 CrPC is

allowed and it is ordered that the petitioner Yunus Ali s/o

Hamid Ali who has been arrested in connection with FIR

No.39/2021 registered at Police Station Kotwali, Nimbaheda,

District Chittorgarh, shall be released on bail, provided he

furnishes a personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each, to the satisfaction of learned trial court with the

stipulation to appear before that court on all dates of hearing and

as & when called upon to do so.

(DEVENDRA KACHHAWAHA),J

82-MMA/-

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