Sabir vs State
2022 Latest Caselaw 5160 Raj

(1 of 2) [CRLMB-1470/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1470/2022

Sabir S/o Shri Mangtu Kha, Aged About 19 Years, R/o Opp. Mahila Mandal School, Kuchilpura, Bikaner (Raj.) (At Present Lodged In Central Jail, Bikaner)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Varun Arora For Respondent(s) : Mr. Mohd Javed Gauri, PP Mr. Ankur Limba

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

06/04/2022

The petitioner has been arrested in connection with FIR

No.425/2021 of Police Station Sadar, District Bikaner for the

offence punishable under Sections 307, 341, 143 IPC and Sections

3/25 (1B)(A), 27 of Arms Act. He has preferred this bail

application under Section 439 Cr.P.C.

Counsel for the petitioner submits that specific allegation of

using firearm has been levelled against co-accused Irfan @ Modiya

and the present petitioner was merely present at the place of

incident. Counsel further submits that challan of the case has

already been presented and no investigation is pending.

Furthermore, no other criminal case has been registered against

the petitioner. The accused-petitioner is in judicial custody and the

trial of the case will take sufficient long time to be concluded.

(2 of 2) [CRLMB-1470/2022]

Therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Public Prosecutor and learned counsel for the

complainant have vehemently 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, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Sabir S/o Shri Mangtu

Kha shall be released on bail in connection with FIR No.425/2021

of Police Station Sadar, District Bikaner provided he executes a

personal bond in a sum of Rs.1,00,000/- with two sound and

solvent sureties of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 80-MS/-

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