Yavar Ali Baig vs State
2022 Latest Caselaw 4841 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4009/2022

1. Yavar Ali Baig S/o Himmat Ali Baig, Aged About 55 Years, R/o Rana Ka Talab, Boraj Faysagar Road, Kirti Nagar, Ganj Police Station, Ajmer, District Ajmer.

(Lodged In Central Jail, Jodhpur)

2. Saleem Sheikh S/o Raje Saheb, Aged About 40 Years, R/o Madarmandi, Chunna Bhatti, Jannat Nagar, Town Area Police Station, District Dharwad (Karnataka) (Lodged In Central Jail, Jodhpur)

----Petitioners Versus State of Rajasthan, through P.P.

----Respondent

For Petitioner(s) : Mr. Lalit Solanki. For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

30/03/2022

The petitioners have been arrested in connection with F.I.R.

No.172/2021, Police Station Jodhpur Sadar Bazar, District Jodhpur,

for the offences punishable under Sections 420, 406, 120-B of

Indian Penal Code. The petitioners have preferred this bail

application under Section 439 Cr.P.C.

Counsel for the petitioners submits that offences alleged to

have been committed by the petitioners are triable by Magistrate.

Challan of the case has already been presented and no

investigation is pending. The accused-petitioners are in judicial

custody and the trial of the case will take sufficient long time to be

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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 application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioners (1) Yavar Ali Baig S/o

Himmat Ali Baig & (2) Saleem Sheikh S/o Raje Saheb, shall be

released on bail in connection with F.I.R. No.172/2021, Police

Station Jodhpur Sadar Bazar, District Jodhpur 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 51-prashant/-

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