Allowed

Rafiq Khan v. State

Rajasthan HC26 Jul 2019CRLMB/8878/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur granted anticipatory bail to three petitioners implicated in FIR No.92/2019 for offences under IPC and Arms Act, considering a compromise between parties, directing them to furnish bond and adhere to conditions pending investigation.

What did the court decide?

Anticipatory bail granted with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, subject to conditions of interrogation, non-inducement, and permission for leaving India.

Rafiq Khan Vs State — 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. 8878/2019

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Rafiq Khan S/o Aziz Mohd. Pathan, Aged About 29 Years, By Caste Muslim, Residents Of Luhariya, Tehsil Mandal, District Bhilwara.

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Sharif Khan S/o Fazaluddin Pathan, Aged About 30 Years, By Caste Muslim, Residents Of Luhariya, Tehsil Mandal, District Bhilwara.

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Faruq Khan S/o Fazaluddin Pathan, Aged About 31 Years, By Caste Muslim, Residents Of Luhariya, Tehsil Mandal, District Bhilwara.

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State, Through P.p.

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----Petitioners Versus ----Respondent

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For Petitioner(s) : Mr. TRS Sodha For Respondent(s) : Mr. Shrawan Bishnoi, Public Prosecutor Mr. Abdul Kalam, for the complainant

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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26/07/2019

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Heard learned counsel for the parties and also perused the material on record.

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The petitioners apprehend their arrest in connection with FIR No.92/2019 of Police Station Mandal, District Bhilwara for the offences punishable under Sections 143, 323, 307 IPC and under Section 5, 3/25 of Arms Act. They have preferred this anticipatory bail application under Section 438 Cr.P.C.

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(2 of 3) [CRLMB-8878/2019]

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Learned counsel for the petitioners has submitted that

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complainant and the accused persons have entered into the compromise and the complainant party even appeared before the trial court for confirming the compromise.

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Learned Public Prosecutor has opposed the bail application and learned counsel for the complainant has verified that parties have entered into the compromise.

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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 petitioners 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 petitioners – Rafiq Khan S/o Aziz Mohd. Pathan, Sharif Khan S/o Fazaluddin Pathan and Faruq Khan S/o Fazaluddin Pathan in FIR No.92/2019 of Police Station Mandal, District Bhilwara they shall be enlarged on bail provided each of them 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) They shall make themselves available for interrogation by Investigating Officer as and when required;

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(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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(3 of 3)

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[CRLMB-8878/2019]

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(iii) They shall not leave India without the previous permission of the Court.

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(VIJAY BISHNOI),J

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Surabhii/117-

Rafiq Khan v. State

Case brief

What is this about?

What did the court decide?

Rafiq Khan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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