Nausad S/O Mohammad Ayyub vs State Of Rajasthan ...
2023 Latest Caselaw 4760 Raj/2

[2023:RJ-JP:22022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             10493/2023

Nausad S/o Mohammad Ayyub, Aged About 23
Years, R/o Doctor Rahman Ke Samne Wali Gali,
Imamwade Ke Samne, Fakeer Mohalla Kotadi, P.s.
Gumanpura, Kota (Raj.). (Accused At Present In
Central Jail Kota)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                       ----Respondent

For Petitioner(s) : Mr. Samarth Sharma, Adv.

For                      : Mr. Mahendra Meena, P.P. &
Respondent(s)              Mr. Laxmi Kant Sharma, Adv.,
                           for complainant(s)

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

12/09/2023

This second bail application has been filed by

the petitioner under Section 439 Cr.P.C. seeking

regular bail in FIR No.562/2022 registered at Police

Station Gumanpura, District Kota City (Rajasthan) for

the offence(s) under Section(s) 323, 341, 324, 307,

327, 34, 379 & 143 IPC and under Section(s) 4/25 of

Arms Act.

The first bail application of the accused-

petitioner was dismissed as withdrawn by this Court

vide order dated 05.05.2023, giving liberty to the

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accused-petitioner to file afresh after recording the

statement of the victim.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. He further submits

that the accused-petitioner has been in judicial

custody since long and the conclusion of the trial will

take long time, hence the petitioner may be enlarged

on bail.

Learned Public Prosecutor appearing for the

State as well as the learned counsel for the

complainant(s) have opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the second bail application filed

under Section 439 Cr.P.C. is allowed and it is ordered

that accused-petitioner Nausad S/o Mohammad

Ayyub shall be released on bail, provided he

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 the petitioner shall appear before

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that Court on all subsequent dates of hearing and as

and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /03

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