Imran vs State Of Rajasthan
2022 Latest Caselaw 2018 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 890/2022

Imran S/o Ayub Khan, Aged About 31 Years, R/o Outside City, Pathanwadi, P.s. Bhinder, Distt. Udaipur.

(Presently Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Love Jain, through V.C. For Respondent(s) : Mr. Anees Bhurat, P.P.

Ms. Aditi Gobhuj, through V.C.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

05/02/2022

This is the second bail application under Section 439 Cr.P.C.

The petitioner was arrested in connection with F.I.R. No.373/2021

of P.S. Savina, District Udaipur, for the offences punishable under

Sections 307 IPC & 3/25 Arms Act.

The first bail application was dismissed as not pressed by

this Court vide order dated 23.11.2021 with liberty to file fresh

bail application after filing of the challan.

Learned counsel for the petitioner submits that now, challan

of the case has already been presented and similarly situated co-

accused Sajjar Ali @ Sanju and Ambadas @ Ajay have already

been granted bail by this Court & case of the present petitioner is

also similar to that of the co accused. Counsel further submits that

the firearm was used by the co-accused Abrar @ Lucky and no

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weapon has been recovered from possession of the petitioner.

Accused petitioner is in judicial custody and trial of the case will

take sufficient long time to be concluded. Therefore, the benefit of

bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and gone through the material available on record and

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 second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Imran S/o Ayub

Khan shall be released on bail in connection with F.I.R.

No.373/2021 of P.S. Savina, District Udaipur provided he executes

a personal bond in a sum of Rs.1,00,000/- and 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 73-prashant/-

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