Allowed

Iqbal Shah S/O Shokat Shah B/C Musalmaan v. State of Rajasthan

Rajasthan HC14 Feb 2020CRLMB/190/2020

Case brief

AI extract

What is this about?

This single-judge order of the Rajasthan High Court grants anticipatory bail to the petitioner in a criminal bail application filed under Section 438 Cr.P.C. The court observed that a co-accused had already been granted bail and that custodial interrogation was not necessary, allowing the application on a personal bond with sureties.

What did the court decide?

Grant of anticipatory bail subject to furnishing of a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each.

Iqbal Shah S/O Shokat Shah B/C Musalmaan Vs State of… — Anticipatory Bail | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 190/2020

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Iqbal Shah S/o Shokat Shah B/c Musalmaan, R/o Plot No 7 Stone Mandi Subhash Nagar Kota Dist. Kota Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Pankaj Agrawal,PP

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order

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14/02/2020

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.527/2019 registered at P.S. Anantpura, Kota for the offences mentioned therein against the petitioner, whereupon the investigation was commenced. Apprehending his arrest, the petitioner 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 petitioner, learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioner submits that the coaccused Sikandar Ali S/o Shri Kudrat Ali has been granted bail under Section 438 Cr.P.C. vide order dated 02.01.2020 by the Coordinate Bench of this Court passed in S.B. Criminal Misc. Bail Application No.16921/2019 The complainant has levelled similar allegations against the present petitioner Iqbal Shah and pendency of civil litigation regarding land is not in dispute. The petitioner has joined the investigation and custodial interrogation of the petitioner is not required. Counsel further submits that petitioner has no criminal antecedents.

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(2 of 2)

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[CRLMB-190/2020]

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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 petitioner/s, note of the allegations levelled against the petitioner/s 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 petitioner/s.

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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 petitioner Iqbal Shah S/o Shokat Shah B/c Musalmaan in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes 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 petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioner/s 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/her/them from disclosing such facts to the court or to any police officer;

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iii) That the petitioner/s shall not leave India without prior permission of the court;

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iv) That the petitioner/s 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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TN/85

Iqbal Shah S/O Shokat Shah B/C Musalmaan v. State of Rajasthan

Case brief

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Iqbal Shah S/O Shokat Shah B/C Musalmaan v. State of Rajasthan

Case brief

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