Allowed

Harun S/O Nijamuddin v. State of Rajasthan

Rajasthan HC2 Dec 2022CRLMB/12158/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC for offences under Sections 395, 397, 407 and 120-B IPC, the Court allowed bail, furnishing a personal bond with sureties, without expressing an opinion on merits but considering overall circumstances.

What did the court decide?

Petitioner enlarged on bail by furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Harun S/O Nijamuddin Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12158/2022

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Harun S/o Nijamuddin, R/o Vill. Pitonja Mohalla Subhash Nagar, Police Station Jahajganj, Janpad Farrukhabad ( Uttar Pradesh) ( At Present Confined In Central Jail Sewar, Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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02/12/2022

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This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 207/2019 registered at Police Station Chiksana, District Bharatpur for the offences under Sections 395, 397, 407 & 120-B of IPC.

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Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he is behind the bars since long. Charge-sheet has already been filed and as per rejection bail order, the petitioner has criminal antecedents of 8 cases, out of which, he has been acquitted in 6 cases, in one case, he is on bail and remaining case is present one. The third bail application of similarly situated co-accused Amir @ Jamir @ Jameen under Section 439 of CrPC has already been granted by the co-ordinate Bench of this Court vide its order dated 25.11.2022. Hence, the bail application of the accused-petitioner may be granted.

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(2 of 2)

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[CRLMB-12158/2022]

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Learned Public Prosecutor has opposed the bail application. Heard learned counsel for the parties and perused the material available on record.

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Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Harun S/o Nijamuddin shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each (out of which one surety shall be resident of Bharatpur District) to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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PAYAL/55

Harun S/O Nijamuddin v. State of Rajasthan

Case brief

What is this about?

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Harun S/O Nijamuddin v. State of Rajasthan

Case brief

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What did the court decide?

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