This High Court allowed a bail application under Section 439 Cr.P.C. for an accused charged under Sections 323, 341 and 34 IPC. The court released the petitioner on bail with a personal bond and two sureties.
Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16353/2022
Aarif Khan S/o Late Shri Iliyas Khan, R/o Agwani Police Station Khairthal, District Alwar. (Presently Confined At Central Jail, Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Kapil Gupta, Advocate For Respondent(s) : Mr. Deshraj Gosingha-PP for the State
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
23/11/2022
This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with FIR No.622/2022 registered at Police Station Malakheda, District Alwar for offence under Sections 323, 341 & 34 of Indian Penal Code, 1860.
Heard learned counsel for the parties and perused the material made available on record.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The accused-petitioner has nothing to do with the alleged offences. The charge-sheet has been filed in the matter. He is behind the bars since long time. Trial of the case is likely to take a long time to conclude. Therefore, the bail application deserves to be allowed.
(2 of 2)
[CRLMB-16353/2022]
Learned Public Prosecutor has vehemently opposed the bail application.
After perusing the Injury report, X-ray report and Medical report, as also taking into consideration the submissions put forth and overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused on bail.
Therefore, the bail application is allowed. Accused-petitioner Aarif Khan S/o Late Shri Iliyas Khan shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when they are called upon to do so.
(VINOD KUMAR BHARWANI),J
Mohita /210
1 issue framed by the court
Whether to grant regular bail to the petitioner accused under Sections 323, 341 and 34 IPC.
2 provisions across 2 enactments
Aarif Khan
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
