Hon'ble Mr. Justice Chandra Kumar Songara, in an order dated 24/03/2022, granted bail to three petitioners filing connected bail applications under Section 439 Cr.P.C. in connection with offences under IPC and Arms Act.
Petitioners enlarged on bail via 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. 2810/2022
Mohabbat S/o Shubba, Aged About 24 Years, R/o Kakrali Ps Sadar Distt. Alwar (At Present Confined At Distt. Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3024/2022
----Respondent
For Petitioner(s) : Mr. Umesh Dixit Mr. Gurvindra Singh For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
24/03/2022
These bail applications have been filed under Section 439 Cr.P.C in connection with FIR No.57/2022 registered at Police Station Lalsot, District Dausa for the offences under Sections 392, 342, 458/411 & 420 of IPC and under Section 3/25 of Arms Act.
(2 of 2) [CRLMB-2810/2022]
Learned counsel for the petitioners submits that the petitioners are behind the bars since 10.02.2022. The petitioner Mohabbat has criminal antecedents of two cases and both are bailable offence and the petitioners Waris @ Shakka and Afsar Khan @ Happi have criminal antecedents of four cases each, in which, they are on bail. Counsel further submits that the bail application of co-accused Fateh Mohammad @ Fatti has already been granted by this Court vide order dated 28.02.2022. Hence, the petitioners may kindly be released on bail.
Learned Government Advocate-cum-Additional Advocate General has opposed the bail applications.
Considering the submissions made by learned counsel for the petitioners 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 petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the petitioners Mohabbat S/o Shubba, Waris @ Shakka S/o Shri Hanif and Afsar Khan @ Happi S/o Shri Ileyas Khan shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be the resident of Dausa District) to the satisfaction of the learned trial judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
Satyendra/15-16
1 issue framed by the court
Whether to grant bail to the petitioners under Section 439 Cr.P.C. in offences of theft and assault.
3 provisions across 3 enactments
Mohabbat S/o Shubba
Waris @ Shakka S/o Shri Hanif
Afsar Khan @ Happi S/o Shri Ileyas Khan
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
