Shahanbaj @ Saddam vs State Of Rajasthan
2022 Latest Caselaw 13264 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5158/2022

Shahanbaj @ Saddam S/o Ahamad Amir, Aged About 30 Years, Nohar, Teh. Nohar, Dist. Hanumangarh. (In Judicial Custody At Sub Jail, Nohar, Hanumangarh).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7631/2022

Jagjitsingh @ Sona S/o Baltej Singh, Aged About 24 Years, R/o Jordwali Ps Sirsa Haryana (At Present Lodged In Jail Churu)

----Petitioner Versus State, Through Pp

----Respondent S.B. Criminal Miscellaneous Bail Application No. 9242/2022

Husain Khan S/o Lt. Sh. Ikramudeen, Aged About 31 Years, B/c Teli Musalman, R/o W.no. 28, Nohar, Dist. Hanumangarh (Raj.). (At Present Lodged N Dist. Jail, Bhilwara).

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

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary, Mr. R.K. Bohra, Mr. Moti Singh

For Respondent(s) : Mr. Mohd. Javed Gauri, PP

Mr. Manoj Kumar Chotia for complainant

(2 of 3)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/11/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR/CR Case

No.39/2019 of Police Station Khuiyan, Distt. Hanumangarh

for the offence(s) punishable under Section(s) 302, 307, 341,

332, 333, 353, 382, 427, 147, 148, 149 and 120-B IPC.

He/she/they has/have preferred this/these bail application(s)

under Section 439 Cr.P.C.

Learned counsels for the petitioners have submitted that

after rejection of the earlier bail applications of the

petitioners, statement of the then Sub Jailor namely Damodar

Prasad Sharma (PW-4) has been recorded before the trial

court, wherein he has specifically stated that the accused

persons were annoyed with the deceased as he was not

providing facilities to the prisoner Akshay Tandi in jail. It is

further submitted that a Coordinate Bench of this Court vide

order dated 6.4.2022 has already granted bail to co-accused

Akshay Tandi and the allegations levelled against the present

petitioners are similar to that of the abovenamed co-accused.

Learned Public Prosecutor as well as learned counsel for

the complainant have vehemently opposed the bail

applications.

(3 of 3)

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 petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Shahanbaj @ Saddam S/o Ahamad Amir,

Jagjitsingh @ Sona S/o Baltej Singh and Husain Khan S/o Lt.

Sh. Ikramudeen shall be released on bail in connection with

FIR/CR Case No.39/2019 of Police Station Khuiyan, Distt.

Hanumangarh provided he/she/they execute(s) a personal

bond in the sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned

trial court for his/her/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.

(VIJAY BISHNOI),J

ms rathore

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