Allowed

Irfan Khan v. State of Rajasthan

Rajasthan HC17 Sept 2019CRLMB/7135/2019

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner in an FIR for offences under sections 143, 458, 354, 323, 384 and 504 IPC, considering the factual report indicating his absence from the village on the day of the alleged incident.

What did the court decide?

Anticipatory bail granted with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, subject to conditions for interrogation, not influencing witnesses, and not leaving India.

Irfan Khan Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7135/2019

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Irfan Khan S/o Shri Asgar Khan, Aged About 22 Years, B/c Kayamkhani, R/o Village Nimod, Moulasar, Tehsil Deedwana, Distt. Nagaur (Raj.)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. S.K. Bhati, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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17/09/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner apprehends his arrest in connection with FIR No.48/2019 of Police Station Maulasar, District Nagaur for the offences punishable under Sections 143, 458, 354, 323, 384 and 504 IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the petitioner has submitted that on the day of the alleged incident, the petitioner was not in the village and he has falsely been implicated in this case.

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Learned Public Prosecutor has opposed the bail application and produced the factual report dated 15.09.2019 prepared by the SHO, Police Station Maulasar, District Nagaur pursuant to the direction given by this Court on 19.07.2019.

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(2 of 3)

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[CRLMB-7135/2019]

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In the factual report dated 15.09.2019, the Investigating Officer inquired about the location of the petitioner on 06.04.2019. It is also mentioned in the said factual report that when the Investigating Officer took the statements of the Officer of the Indian Army in whose unit the petitioner is posted at Patiyala, he has also confirmed that the petitioner was present in the evening roll call conducted from 06:00 PM to 07:00 PM on 06.04.2019.

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From the factual report dated 15.09.2019, submitted by learned Public Prosecutor, there seems to be some force in the contention of learned counsel for the petitioner that on the day of the alleged incident, the petitioner was not present in the village and having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Irfan Khan S/o Asgar Khan in FIR No.48/2019 of Police Station Maulasar, District Nagaur he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) He shall make himself available for interrogation by Investigating Officer as and when required;

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(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

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(3 of 3)

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[CRLMB-7135/2019]

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dissuade him from disclosing such facts to the

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Court or to any Police Officer;

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(iii) He shall not leave India without the previous permission of the court.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.155

Irfan Khan v. State of Rajasthan

Case brief

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Irfan Khan v. State of Rajasthan

Case brief

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