High Court of Rajasthan allowed regular bail to accused-petitioners in an IPC offence case upon their submission of false implication and long trial duration, subject to furnishing a personal bond with two sureties.
Released on bail upon furnishing a 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. 17069/2022
----Petitioners
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. A.K. Khan For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
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. 88/2022 registered at Police Station Makbara, District Kota, for offence under Sections 34 and 384 IPC.
Heard learned counsel for the parties and perused the material made available on record.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The accusedpetitioners have nothing to do with the alleged offences. They are behind the bars since long time. Trial of the case is likely to take a
(2 of 2)
[CRLMB-17069/2022]
long time to conclude. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application.
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-petitioners Babbar Husain S/o Alam Husain and Abrar Khan @ Chammach S/o Akbar shall be released on bail, if they are not required in any other case, provided each of them 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
PREETI VALECHA /283
1 issue framed by the court
Whether the accused-appellants be granted regular bail on the grounds of false implication and length of trial.
2 provisions across 2 enactments
BABBAR HUSAIN S/O ALAM HUSAIN
ABRAR KHAN @ CHAMMACH
STATE OF RAJASTHAN
VINOD KUMAR BHARWANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
