Petitioner sought regular bail under Section 439 CrPc for offences under IPC 147-149 and others. Court granted bail noting co-accused were freed and case showed no injury, without expressing opinion on merits.
Petitioner is admitted to bail subject to the satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 1123/2019
Islam @ Tundu S/o Ghuggan B/c Meo, R/o Village Palpur, Police Station And Tehsil Tijara, District Alwar Raj. (At Present Confined In Sub Jail Kishangarhbas)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. Jiya Ur Rahman For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
25/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.146/2012 registered at Police Station Kotkasim, District Alwar for offences under Sections 147, 148, 149, 353, 307 Indian Penal Code, 1860 and Section 3 of Prevention of Damages To Public Property Act, 1984.
Learned counsel for the petitioner has submitted that it is a case of no injury. Petitioner is in custody for the last about three and a half years. Co-accused have been granted bail by this Court.
Learned State counsel, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/25
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC despite alleged offences under sections 147 to 149 IPC.
Whether the conditions of no injury and bail granted to co-accused justify the grant of bail.
3 provisions across 3 enactments
Islam @ Tundu
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
