Allowed

Ammad Ali @ Adnan S/O Amjad Ali v. State of Rajasthan

Rajasthan HC24 Aug 2022CRLMB/4200/2022

Case brief

AI extract

What is this about?

In five connected bail applications under Section 439 Cr.P.C. regarding FIR No. 635/2021 for offences under Sections 302, 323 IPC, etc., this High Court found that prosecution witnesses had turned hostile and no incriminating evidence existed, so the applications were allowed.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Ammad Ali @ Adnan S/O Amjad Ali Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 904/2022

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Imran Khan Pathan S/o Late Sh. Salimmudin Khan @ Salim, Aged About 28 Years, R/o House No. 63, Kareem Colony, In Front Of Eidgah, Police Station Galta Gate, Jaipur (Presently Confined In Central Jail Jaipur)

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----Petitioner

¶5

Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 445/2022 Rehan Khan S/o Let. Shri Gulam Hussen, Aged About 24 Years, R/o Polt No. 56 Kallen Shah Colony Nale K Pass Bassbadanpura Ps Galtagate Jaipur Dist. Jaipur Raj. At Present R/o Ashraf Colony Gali No. 2 Nai Ki Thadi Ps Jai Singh Pura Khoor Jaipur Dist. Jaipur Raj. (At Present Is Confined In Central Jail Jaipur)

¶10

----Petitioner

¶11

Versus

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State Of Rajasthan, Through Pp

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----Respondent

¶14

S.B. Criminal Miscellaneous Bail Application No. 4199/2022 Akram Khan @ Bittu S/o Shri Altaf Ahmad, Aged About 23 Years, Resident Of Makan No. 80, Gali Number 01 Idgah Kachchi Basti, P.s. Galta Gate Jaipur, Presently Residing At 77A, Atal Nagar, Nai Ki Thadi, Ramgarh Road, P.s. Jaisinghpura Khor, Jaipur (Accused Is In Central Jail, Jaipur)

¶15

----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 4200/2022 Ammad Ali @ Adnan S/o Amjad Ali, Aged About 29 Years, Resident Of C-57, In Front Of Jain School, Noor Nagar, Luniyawas, Goner Road, P.s. Kho-Nagoriyan, Jaipur. (At Present Confined At Central Jail, Jaipur).

(2 of 4)

[CRLMB-904/2022]

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor

¶25

----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 5526/2022 Aazam Khan S/o Altaf Ahmed, Resident Of House No. 1, Idgah Kacchi Basti, Police Station Galta Gate, Jaipur And House No. 77A, Atal Nagar, Nai Ki Thadi, Ramgarh Road, Jaipur (Raj.) (At Present Confined In Central Jail Jaipur (Raj.)

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----Petitioner Versus ----Respondent

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State Of Rajasthan, Through P.P.

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S.B. Criminal Miscellaneous Bail Application No. 5745/2022 Manish Meena Son Of Shri Harish Kumar Meena, Aged About 21 Years, Resident Of Sagar Road, Near Dada Badi T Point, Amer, Police Station Amer, Jaipur (Raj.) (At Present In Central Jail Jaipur)

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State Of Rajasthan,	Versus Through P.P.	----Petitioner ----Respondent
For Petitioner(s)	: Mr. R.B. Mathur, Sr. Adv Mr. Salim Khan Gori Mr. S.S. Hasan, Sr. Adv. Mr. Fahad Hasan Mr. Anil Kumar Upman Mr. Sunil Tyagi with Mr. Anirudh Tyagi Mr. Abdul Basit Naqvi Mr. Amaan Ahmed Ali Mr. Shafiqur Rahman	with With
For Respondent(s)	: Mr. Babulal Nasuna, PP

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HON'BLE MR. JUSTICE FARJAND ALI

Order

24/08/2022

(3 of 4)

[CRLMB-904/2022]

The instant bail applications have been filed by the petitioners Imran Khan Pathan S/o Late Sh. Salimmudin Khan @ Salim, Rehan Khan S/o Let. Shri Gulam Hussen, Akram Khan @ Bittu S/o Shri Altaf Ahmad, Ammad Ali @ Adnan S/o Amjad Ali, Aazam Khan S/o Altaf Ahmed & Manish Meena Son Of Shri Harish Kumar Meena under Section 439 Cr.P.C against the impugned orders passed by learned court(s) below in connection with FIR No. 635/2021 registered at Police Station Brahmpuri, District Jaipur City North for the offence(s) under Sections 302, 323, 341, 147, 148, 149 & 120B IPC.

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Learned counsel for the petitioners submits that false case has been foisted against the petitioners. They have nothing to do with the alleged offences. He submits that the material witnesses, who were projected to depose against the petitioners in the charge-sheet, have now turned hostile and are not supporting the case of the prosecution including the brother of the deceased and author of the FIR. PW-1; Mohd. Yunus is an injured witness. He has also turned hostile. PW-3; Pappu @ Ajijur Rehman, the another eye witness and PW-4; Haseen Khan are also not supporting the case of the prosecution. PW-5; Basheer is the complainant and the brother of the deceased, he even in the cross-examination made by learned Public Prosecutor has categorically stated that he did not know the accused-petitioners and as such no incriminating evidence has come on record yet. Trial is likely to take long time to conclude. They are behind the bars since a long time. Their further incarceration would not be required for any purpose.

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Per contra, learned Public Prosecutor has vehemently opposed the bail applications.

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(4 of 4)

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[CRLMB-904/2022]

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the petitioners on bail.

¶42

Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners shall be enlarged on bail provided each of them furnishes personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when they are called upon to do so.

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(FARJAND ALI),J

¶44

SAHIL SONI /9-14

Ammad Ali @ Adnan S/O Amjad Ali v. State of Rajasthan

Case brief

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Ammad Ali @ Adnan S/O Amjad Ali v. State of Rajasthan

Case brief

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