Allowed

Abdul Naem @ Shabbu S/O Abdul Latif v. State of Rajasthan

Rajasthan HC16 Apr 2021CRLMB/4152/2021

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Goverdhan Bardhar allowed bail application filed under Section 439 Cr.P.C. Petitioner, Abdul Naem, was arrested following FIR registration for offences. Despite opposition by Public Prosecutor, High Court deemed it just to release petitioner on bail without expressing opinion on merits.

What did the court decide?

Directed release of accused Abdul Naem on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Abdul Naem @ Shabbu S/O Abdul Latif Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 4152/2021

¶3

Abdul Naem alias Shabbu S/o Abdul Latif, Resident Of Godawari Mandir Ke Pass Adharshela Police Station Dadabadi Kota (Raj) (At Present Confined In Central Jail, Kota (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

----Respondent For Petitioner(s) : Mr. Rohit Khandelwal (through VC) For Respondent(s) : Mr. Pankaj Agarwal, PP

¶8

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

¶9

Order

¶10

16/04/2021

¶11

This bail application has been filed under Section 439

¶12

Cr.P.C.

¶13

Brief facts of the case are that an FIR No.546/2020 was registered at P.S. Udyog Nagar Distt. Kota City 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.

¶14

Learned counsel for the petitioner has contended that no criminal case is made out against the petitioner, he has been falsely implicated in this case. There was some dispute with regard to the amount to be paid to the Contractor. Co-accused Sampat Singh S/o Balwant Singh has already been granted bail by the Co-

¶15

(2 of 2) [CRLMB-4152/2021]

¶16

ordinate Bench of this Court vide order dated 4.3.2021 passed in S.B. Criminal Misc. Bail Application No.1617/2021 and the case of the present petitioner is on better footings. It has also been contended that the accused petitioner is in judicial lockup since long, the alleged offence is triable by the Court of Ist Class Magistrate, trial of the case is likely to take time, hence the accused petitioner be released on bail.

¶17

On the other hand, learned Public Prosecutor has opposed the bail application.

¶18

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.

¶19

Therefore, this bail application is allowed and it is directed that accused petitioner Abdul Naem alias Shabbu S/o Abdul Latif shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) 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.

¶20

(GOVERDHAN BARDHAR),J

¶21

Dheeraj /6

Abdul Naem @ Shabbu S/O Abdul Latif v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abdul Naem @ Shabbu S/O Abdul Latif 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dashrath S/O Ratanlal Vs State of Rajasthan

Babulal S/O Keshuram Vs State of Rajasthan

Rameshwar Jhakhar @ Chintu S/O. Laxmanram Vs State of Rajasthan

Banti @ Banshi Lal S/O Shri Ram Kalyan Vs State of Rajasthan

Pappu Lal S/O Shri Ram Kalyan Vs State of Rajasthan

Sattu @ Satya Narain Son of Shri Bhanwar Lal Vs State of Rajasthan