Allowed

Zafarali@Zafru S/O Jaisingh B/C Mev v. State of Rajasthan

Rajasthan HC11 May 2020CRLMB/2921/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to three petitioners in a criminal bail application despite their names appearing in the FIR, distinguishing them only by the pending status of the charge-sheet against others granted bail.

What did the court decide?

Petitioners released on bail under Section 439 CrPC on personal bond of Rs. 40,000 each with one surety in like amount complying with Section 437(3) CrPC conditions.

Zafarali@Zafru S/O Jaisingh B/C Mev Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 2921/2020

¶3

Zafarali@zafru S/o Jaisingh R/o Vill. Levada Ps Kaman Dist. Bharatpur (Presently Confined At Central Jail Bharatpur)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

Connected With

¶9

S.B. Criminal Miscellaneous Bail Application No. 2922/2020

¶10

Rajak S/o Rahman R/o Gram Levda Police Thana Kaman Dist. Bharatpur (At Present Confined In Sub Jail Deeg Dist. Bharatpur)

¶11

----Petitioner

¶12

Versus

¶13

State Of Rajasthan, Through Pp

¶14

----Respondent

¶15

S.B. Criminal Miscellaneous Bail Application No. 4691/2020

¶16

Mufid S/o Chaudu, R/o Levda Police Station Kaman Distt. Bharatpur (At Present Confioned In Sub Jail Deeg Distt. Bharatpur)

¶17

----Petitioner

¶18

Versus

¶19

State Of Rajasthan, Through P.p.

¶20

----Respondent

¶21

For Petitioner(s)	: Mr. Kapil Gupta, Adv.
	Mr. Sanjay Khan, Adv.
	Mr. Rahul Sinsinwar, Adv.
For Respondent(s)	: Mr. Atul Sharma, PP

¶22

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

11/05/2020

(2 of 3)

[CRLMB-2921/2020]

These bail applications have been filed under Section 439 CrPC in connection with FIR No.39/2020 registered at Police Station Kaman, District Bharatpur for the offences under Sections 143, 332, 353, 354, 365, 394 IPC.

¶28

Heard learned counsel for the petitioners as well as learned Public Prosecutor.

¶29

Learned counsel for the petitioners submits that around 60 people have been sought to be involved in the incident. The petitioners’ case is being sought to be distinguished only on the ground that their names are mentioned in the FIR while whose, who have been granted bail by this Court, their names are not mentioned in the FIR. The charge-sheet has been filed against those persons while it has been kept pending under Section 173(8) Cr.PC relating to the others. The trial is likely to take time and no recovery is required to be made from the petitioners.

¶30

Learned PP opposed the bail applications.

¶31

Taking into consideration the fact that the only distinction between the petitioners and the persons who have been released on bail is that they are not named in the FIR, however, chargesheet has been filed against all the persons and thus the case of the petitioners cannot be distinguished from those who have been granted bail namely; Sajid Khan and and Izhar @ Kada but without commenting on merits of the case, I deem it just and proper to enlarge the petitioners on bail.

¶32

Therefore, these bail applications are allowed and it is ordered that the accused-petitioners- Zafarali alias Zafru S/o Jaisingh; Rajak S/o Rahman & Mufid S/o Chaudu shall be released on bail under Section 439 CrPC in connection with aforesaid FIR

¶33

(3 of 3)

¶34

[CRLMB-2921/2020]

¶35

provided each of them furnishes a personal bond of Rs.40,000/with one surety each in the like amount to the satisfaction of the concerned Magistrate with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

¶36

(SANJEEV PRAKASH SHARMA),J

¶37

Anu/3-5

Zafarali@Zafru S/O Jaisingh B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Zafarali@Zafru S/O Jaisingh B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar S/O Bansidhar B/C Balai Vs State of Rajasthan

Raju Kathat S/O Shri Madan Kathat B/C Mehrat Vs State of Rajasthan

Mubbi@Mubarik S/O Inam @ Ismail B/C Musalman Vs State of Rajasthan

Kunal Varshnay S/O Shri Rajeev Varshnay Vs State of Rajasthan

Rajak S/O Rahman B/C Mev Vs State of Rajasthan

Pooranmal S/O Shri Laxman B/C Bairwa Vs State of Rajasthan