Hanif Khan @ Hanni S/O Shri Nabi ... vs State Of Rajasthan
2022 Latest Caselaw 570 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 17155/2021

Hanif Khan @ Hanni S/o Shri Nabi Khan, R/o Village Ubarka, P.s.
Tapukada, Dist. Alwar, Rajasthan.
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through P.p.
                                                                  ----Respondent

For Petitioner(s) : Mr. Kapil Gupta (through VC) For Respondent(s) : Mr. Mangal Singh Saini, PP.

Mr. Aditya kiran Mathur (through VC)

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

21/01/2022

1. The present anticipatory bail application has been filed under

Section 438 Cr.P.C. in connection with FIR No.170/2021 registered

at Police Station Tapukada, District Police Bhiwadi, District Alwar

for the offence(s) under Sections 147, 148, 149, 323, 341, 302

IPC and Sections 3/25, 5/27 Arms Act.

2. Counsel for the petitioner submits that the petitioner has

been wrongly implicated in this case. Investigation has been

completed against the petitioner. As per FIR, Adil has inflicted

gunshot injury to deceased Hamid. Similarly situated co-accused

Ikbal, Farukh and Mustkim were enlarged on bail by this Court

under Section 439 Cr.P.C. Petitioner and other persons have also

received injuries. So, the petitioner be enlarged on anticipatory

bail.

(2 of 2) [CRLMB-17155/2021]

3. Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the arguments advanced by learned

counsel for the petitioner and submits that petitioner is absconder

and charge-sheet under Section 299 Cr.P.C., has been filed

against the petitioner. So, present bail application is not

maintainable. Learned counsel for the complainant further submits

that as per FIR, petitioner is main culprit and he had instigated

Adil for firing. So looking to the gravity of the offence, the bail be

dismissed.

4. Learned counsel for the respondent has placed reliance upon

the judgment passed by the Supreme Court in the case of Prem

Shankar prasad Vs. State of Bihar & Anr.; Criminal Appeal

No.1209/2021.

5. I have considered the arguments advanced by learned

counsel for the petitioner as well as learned Public Prosecutor and

learned counsel for the complainant.

6. It is admitted position that the petitioner and other persons

had come with lethal weapons and inflicted injuries to complainant

and other persons. Adil has inflicted injury by gun to deceased

Hamid.

7. So, looking to the gravity of the offence, I do not consider it

a fit case to enlarge the petitioner on anticipatory bail.

8. Accordingly, the anticipatory bail application is dismissed.

(NARENDRA SINGH DHADDHA),J

Seema/56

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