Burhan Alias Ishu S/O Mohammad ... vs State Of Rajasthan ...
2023 Latest Caselaw 5805 Raj/2

[2023:RJ-JP:28229]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No.
                            11950/2023

Wajid Khan @ Raja Pathan S/o Sahbbir Khan, Aged
About 23 Years, R/o Idhgah Colony, Railway Station
Road, Taleda, P.s. Taleda, Dist. Bundi (Raj) (At
Present In Central Jail Jhalawar)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 12594/2023 Burhan Alias Ishu S/o Mohammad Rafiq Qureshi, Aged About 22 Years, R/o Mamta Street, Jhalrapatan At Present Outside Of Soorajpol Gate Jhalrapatan, District Jhalawar. (Accused Confined In District Jail At Jhalawar)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Deepak Rathor S/o Mohanlal Rathor, Aged About 30 Years, R/o Near By Soorajpol Gate Jhalrapatan, District Jhalawar.

----Respondents

For Petitioner(s) : Ms. Isha Natani, Adv. & Mr. Khushvendra Singh, Adv.

For                      : Mr. Laxman Meena, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 10/10/2023

[2023:RJ-JP:28229] (2 of 3) [CRLMB-11950/2023]

These bail applications have been filed by

petitioners under Section 439 Cr.P.C. seeking regular

bail in FIR No.327/2022 registered at Police Station

Jhalrapatan, District Jhalawar for the offence(s)

under Section(s) 385 & 387 IPC qua accused-

petitioner Wajid Khan and under Section(s) 327, 386

& 120-B of IPC and under Section(s) 3/25(6)(7) of

Arms Act qua accused-petitioner Burhan.

Learned counsel for petitioners submit that

accused-petitioners are innocent and they have been

falsely implicated in these cases. They further submit

that charge sheet has been filed. They also submit

that accused-petitioners have been in judicial custody

since long and the conclusion of the trial will take

long time, hence petitioners may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed these bail applications.

Learned Public Prosecutor has submitted the

report wherein, it has been mentioned that

victim/complainant(s) has been informed. The same

is taken on record. Despite that, no one is present on

behalf of the victim/complainant(s). Thus, service is

treated as complete.

Taking into consideration the overall facts and

circumstances of these cases, but without expressing

[2023:RJ-JP:28229] (3 of 3) [CRLMB-11950/2023]

any opinion on the merits and demerits of these

cases, this Court deems it just and proper to enlarge

petitioners on bail.

Accordingly, these bail applications filed under

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

accused-petitioners 1.Wajid Khan @ Raja Pathan

S/o Sahbbir Khan & 2.Burhan Alias Ishu S/o

Mohammad Rafiq Qureshi shall be released on

bail, provided each of them furnishes a personal

bond in the sum of Rs.1,00,000/- with two sureties

of Rs.50,000/- each to the satisfaction of the trial

Court, with the stipulation that petitioners shall

appear before that Court on all subsequent dates of

hearing and as and when called upon to do so.

A copy of this order be placed in connected file.

(UMA SHANKER VYAS),J

DANISH USMANI /86 & 87

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