Mubarak Hussain @ Kalu vs State Of Rajasthan
2022 Latest Caselaw 5617 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4862/2022

Mubarak Hussain @ Kalu S/o Jakir Mohammad, Aged About 21 Years, R/o Nai Aabadi Hamirgarh, P.s. Hamirgarh, District Bhilwara (Raj.) (Presently Lodged In District Jail, Bhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4459/2022 Shahrukh S/o Shri Mohammed Iliyas, Aged About 26 Years, R/o Hamirgarh Tehsil Hamirgarh Distt. Bhilwara.

(At Present Lodged In Sub Jail Bhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ashok Kumar.

Mr. Rajeev Chauhan.

For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

18/04/2022

The present bail applications have been filed under Section

439 Cr.P.C. The petitioners have been arrested in connection with

F.I.R. No.25/2022, Police Station Mangrop, District Bhilwara for

the offence punishable under Section 395 of I.P.C.

Learned counsel for the petitioners submits that similarly

situated co-accused Firoz, Shabeer Hussain, Vasim & Mohammad

(2 of 2) [CRLMB-4862/2022]

Sameer have already been enlarged on bail by this Court and the

case of present petitioners is not distinguishable from those of the

co-accused. The accused-petitioners are in judicial custody and

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

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

petitioners.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C.

are allowed and it is directed that petitioners Mubarak Hussain @

Kalu S/o Jakir Mohammad & Shahrukh S/o Shri Mohammed Iliyas

shall be released on bail in connection with F.I.R. No.25/2022,

Police Station Mangrop, District Bhilwara provided each of them

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 their 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 64-65. prashant/-

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