Irfan S/O Asgar @ Asagdeen vs State Of Rajasthan (2024:Rj-Jp:21913)
2024 Latest Caselaw 3682 Raj/2

Rajasthan High Court

Irfan S/O Asgar @ Asagdeen vs State Of Rajasthan (2024:Rj-Jp:21913) on 9 May, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:21913]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                             4738/2024

1.     Irfan S/o Asgar @ Asagdeen, Aged About 33
       Years, R/o Kherli Kaji, Jhopdi, Police Station
       Jurhara, Presently Resident Of Lalpur, Police
       Station Kaman, District Deeg. (At Present
       Accused Petitioner Confined In Sub Jail Deeg).
2.     Hasam @ Hasim @ Hassan S/o Sheru @ Sher
       Mohammad, Aged About 25 Years, R/o Hajari
       Vas Vilag, Police Station Kaman, District Deeg.
       (At Present Accused Petitioner Confined In
       Sub Jail Deeg).
                                                          ----Petitioners
                                 Versus
State Of Rajasthan, Through Pp
                                                      ----Respondent

For Petitioner(s) : Mr. Ankit Khandelwal, Adv.

For                       : Mr. Suresh Kumar, P.P.
Respondent(s)

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

09/05/2024

Learned counsel for accused-petitioners prays

for withdrawal of this criminal misc. second bail

application qua accused-petitioner No.2-Hasam @

Hasim @ Hassan S/o Sheru @ Sher Mohammad at

this stage.

In view of above, the criminal misc. second bail

application qua accused-petitioner No.2-Hasam @

[2024:RJ-JP:21913] (2 of 3) [CRLMB-4738/2024]

Hasim @ Hassan S/o Sheru @ Sher Mohammad is

dismissed as withdrawn at this stage.

This second bail application has been filed by

the petitioner No.1-Irfan S/o Asgar @ Asagdeen

under Section 439 Cr.P.C. seeking regular bail in FIR

No.286/2023 registered at Police Station Kaman,

District Bharatpur for the offence(s) under Section(s)

3/8 of RBA Act and under Section(s) 3/25 of Arms

Act.

The first bail application of the accused-

petitioner No.1 was dismissed as withdrawn by this

Court vide order dated 05.04.2024, giving liberty to

the accused-petitioner No.1 to file afresh after filing

of the charge sheet.

Learned counsel for the petitioner No.1 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 No.1

may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed the bail application qua accused-

petitioner No.1.

[2024:RJ-JP:21913] (3 of 3) [CRLMB-4738/2024]

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 No.1 on bail.

Accordingly, the second bail application filed

under Section 439 Cr.P.C. is allowed qua accused-

petitioner No.1 and it is ordered that accused-

petitioner No.1 Irfan S/o Asgar @ Asagdeen 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 No.1

shall appear before that Court on all subsequent

dates of hearing and as and when called upon to do

so.

(UMA SHANKER VYAS),J

DANISH USMANI /06

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