Allowed

Asim Khan v. State of Rajasthan

Rajasthan HC11 May 2020CRLMB/3755/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application filed under Section 439 Cr.P.C. The court granted bail pending furnishing of sureties to the trial court, considering the difficulty of finding sureties due to the COVID-19 lockdown as a prevailing circumstance for releasing the accused on a personal bond.

What did the court decide?

Petitioners granted bail upon furnishing personal bond; directive to provide two sureties of Rs.25,000/- each to the trial court by 30.05.2020.

Asim Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3755/2020

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Asim Khan S/o Shri Jhanda Khan, Aged About 26 Years, By Caste Musalman, R/o Pandarwali, Tehsil Sendwa, District Barmer. (At Present Lodged In District Jail Barmer).

¶4

Mohammad Khan S/o Amir Khan, Aged About 31 Years, By Caste Musalman, R/o Pandarwali, Tehsil Sendwa, District Barmer. (At Present Lodged In District Jail Barmer).

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Surendra Bagmalani, through Whats App Video Call For Respondent(s) : Mr. Mahipal Bishnoi, PP

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JUSTICE DINESH MEHTA

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Order

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11/05/2020

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This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.10/2020, Police Station Bakhasar, District Barmer, for the offences under Sections 143, 342, 323, 328 and 379 IPC.

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Learned counsel for the petitioners submits that for the allegations levelled in the FIR, no serious offence, much less an offence under Section 328 IPC is made out.

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Learned counsel further contended that the petitioners have been falsely roped in the matter and the offences alleged against the petitioners are otherwise triable by Magistrate, for which they are behind the bars for more than 45 days.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2)

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[CRLMB-3755/2020]

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Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

¶20

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioners (1) Asim Khan S/o Shri Jhanda Khan and (2) Mohammad Khan S/o Shri Amir Khan, arrested in FIR No.10/2020, Police Station Bakhasar, District Barmer shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

¶21

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioners shall be released on bail upon furnishing the personal bond. They may furnish requisite sureties by 30.05.2020 to the satisfaction of the learned trial Court.

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It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioners about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioners on bail.

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Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

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(DINESH MEHTA),J

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6-skm/-

Asim Khan v. State of Rajasthan

Case brief

What is this about?

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Asim Khan v. State of Rajasthan

Case brief

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