Moinuddin vs State
2021 Latest Caselaw 15281 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12778/2021

Moinuddin S/o Sh. Abdul Samad Khan Pathan, Aged About 31 Years, Haweli Ka Chowk, Sardarnagar, Banera, Dist. Bhilwara. (At Present Lodged In District Jail, Bhilwara).

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


For Petitioner(s)         :     Mr Naman Mohnot
For Respondent(s)         :     Mr S.K. Bishnoi, Public Prosecutor



              HON'BLE MR. JUSTICE RAMESHWAR VYAS

                          Judgment / Order

01/10/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.89/2021, Police Station Banera, District Bhilwara for

the offences under Sections 153-A, 295-A, 504 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the offence

alleged against the petitioner are punishable with imprisonment

for 03 years and are triable by Magistrate. The petitioner is a

journalist, who never published any news disrupting the

communal harmony. The news posted by the petitioner can not be

treated an offence under Sections 153-A, 295-A IPC.

The learned Public Prosecutor opposed the bail.

(2 of 2) [CRLMB-12778/2021]

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, particularly

looking nature of the post on social media by the petitioner, this

Court deems it fit to enlarge the petitioner on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Moinuddin S/o Abdul Samad Khan

Pathan arrested in connection with F.I.R. No.89/2021 P.S. Banera,

District Bhilwara 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 the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.

(RAMESHWAR VYAS),J

80-MMA/-

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