In this bail application, the High Court of Rajasthan granted bail to the accused petitioner Irfan S/o Bhaiya, directing his release on a personal bond and two sureties.
Petitioner to be released on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 18469/2021
Irfan S/o Bhaiya, Aged About 44 Years, R/o Kalipaltan P.S. Kotwali Tonk Dist. Tonk Raj.
(At Present Confined In Dist. Jail Tonk)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Mamoon Khalid For Respondent(s) : Mr. Rajendra Yadav, AAG cum GA Mr. Mohd. Adil
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
14/12/2021
This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.276/2021 was registered at P.S. Kotwali Tonk, District Tonk for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.
Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Counsel further submits that the accused petitioner is behind bars since long.
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[CRLMB-18469/2021]
Charge-sheet has already been filed. Conclusion of the trial may likely to take time. Hence the accused petitioner be released on bail.
Learned counsel for the accused petitioner further submits that complainant executed an affidavit dated 12.12.2021 on a non-judicial stamp of Rs. 100/-, wherein he principally stated that present accused petitioner did not inflict injury to him, which is not opposed by the learned counsel appearing for the complainant.
On the other hand, learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner 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 release the petitioner on bail.
Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Irfan S/o Bhaiya shall be released on bail in connection with aforementioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
However, it is directed that if the accused-petitioner commits such type of offence/s after his release on bail, the Public
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[CRLMB-18469/2021]
Prosecutor appearing for the State shall be at liberty to move application for cancellation of his bail.
(MADAN GOPAL VYAS),J
Ritu/8
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. given the submissions and circumstances.
1 provisions across 1 enactments
Irfan S/o Bhaiya
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
