Allowed

Abbas S/O Shri Samsu v. State of Rajasthan

Rajasthan HC6 Dec 2019CRLMB/15765/2019

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. The petitioners, apprehending arrest in a case involving offences under Sections 307 and 332 IPC, were granted bail subject to conditions including the security of Rs. 50,000 and adherence to specific undertakings. The court directed the police to release them upon production of the bond.

What did the court decide?

Grant of anticipatory bail subject to a personal bond of Rs. 50,000 and two sureties in the sum of Rs. 25,000 each per petitioner, along with specific conditions regarding interference and movement.

Abbas S/O Shri Samsu Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 15765/2019

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Abbas S/o Shri Samsu, B/c Meo R/o Seelkhoh (Deelamki) P.S.Tavru Dist. Nuh Hariyana

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Irfan S/o Shri Samsu, B/c Meo R/o Seelkhoh (Deelamki) P.S. Tavru Dist. Nuh Hariyana

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. S.S. Sunda For Respondent(s) : Mr. Pankaj Agarwal, P.P.

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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06/12/2019

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 238/2013 registered at P.S. Chaupanki Distt. Alwar for the offences mentioned therein against the applicant, whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the petitioners and learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioners submits that no offence under Sections 307 and 332 IPC is made out. Learned counsel for the petitioners submits that petitioners are not named in the FIR. They have no concerned with the alleged offence. Learned

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(2 of 3) [CRLMB-15765/2019]

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counsel for the petitioners submits that vide judgment dated 07.02.2018 co-accused persons namely Tahir Hussain and Khurshid have been acquitted in trial for the charges framed against them under Sections 148, 332, 353, 307 read with section 149 IPC and Section 7/25 of the Arms Act but investigation was kept pending under Section 173 (8) Cr.P.C. In the written report allegations are in general.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for applicants, note of the allegations levelled against the applicant as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the applicant.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioners Abbas S/o Shri Samsu and Irfan S/o Shri Samsu in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnish a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O of the concerned Police Station on the following conditions:

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i) That the petitioners shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioners shall not directly or

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(3 of 3)

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[CRLMB-15765/2019]

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indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the court or to any police officer;

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iii) That the petitioners shall not leave India without prior permission of the court;

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iv) That the petitioners shall not commit any offence similar to the offence of which he/she/ they is/are accused or suspected.

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(GOVERDHAN BARDHAR),J

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Ashu/13

Abbas S/O Shri Samsu v. State of Rajasthan

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Abbas S/O Shri Samsu v. State of Rajasthan

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