The High Court of Rajasthan at Jodhpur allowed a bail application filed by a petitioner arrested for offences under various IPC sections. Granting bail as it was deemed just and proper based on facts and circumstances.
Bail granted upon furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11120/2022
Firoz Khan @ Lala S/o Deran Khan, Aged About 38 Years, R/o Near Idgah Masjid Nimbahera Ps Kotwali Nimbahera At Present Somawas Road Sadalkheda Ps Nikumbh Dist. Chittorgarh (At Present Lodged In Sub Jail Nimbahera)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Moh. Rasheed For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/12/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.73/2022 Police Station Nikumbh, District Chittorgarh for the offence punishable under Sections 395, 365, 342, 341, 143, 149, 120-B of the IPC.
Learned counsel for the petitioner submits that similarly situated co-accused Babu Lal @ Balu Keer, Anil Keer, Bhopat Lal and Barkat Khan have been enlarged on bail by this Court and the case of present petitioner is similar to those co-accused. Challan of the case has already been presented. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-11120/2022]
I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Firoz Khan @ Lala S/o Deran Khan, shall be enlarged on bail in FIR No.73/2022 Police Station Nikumbh, District Chittorgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
30-raksha/-
2 issues framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C.
Whether the petitioner is entitled to bail given the length of trial and bail granted to co-accused.
1 provisions across 1 enactments
Firoz Khan @ Lala
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
