Allowed

Bobin @ Mobin v. State of Rajasthan

Rajasthan HC26 Jul 2022CRLMB/5848/2022

Case brief

AI extract

What is this about?

Single bench order allowing bail to an accused detained since March 2022 for offences under IPC and the IT Act. The court noted the IPC offences are bailable, the IT Act offence carries five years imprisonment, and others are on bail, while the complainant is a history sheeter. The application was allowed with personal bond and security.

What did the court decide?

Accused enlarged on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to monthly police attendance and subsequent court appearances.

Bobin @ Mobin Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5848/2022

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Bobin @ Mobin S/o Shri Rafik Mohammad, Aged About 26 Years, R/o Indra Colony, Presently R/o Kharpina Ps Goverdhan Villas, District Udaipur, Rajasthan. (Presently Lodged At Central Jail, Udaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Ram Singh Rawal
For Respondent(s)	: Mr. A.R. Choudhary, P.P.
	Mr. Abhimanyu Singh Rathore, for the complainant

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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26/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. by the applicant for grant of bail in connection with FIR No.115/2022, registered at Police Station Gogunda, District Udaipur, for offences punishable under Sections 143, 342 & 355 IPC and Section 67 of the IT Act.

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Heard learned counsel for the parties and perused the material available on record.

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Learned counsel for the applicant submits that in the present case, the offence alleged against the applicant under IPC is bailable. Whereas, offence under Section 67 of the IT Act is punishable with sentence up to five years of imprisonment. The applicant is behind the bars since 20.03.2022. After investigation

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(2 of 3)

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[CRLMB-5848/2022]

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charge-sheet has been filed. Learned counsel for the applicant further submits that co-accued Chetan, Manish, Mahendra Singh, Jitesh Narayan, Neeraj and Deepak have already been enlarged on bail by a co-orindate Bench of this Court vide order dated 26.04.2022. Complainant is history sheeter. In view of the above circumstances, learned counsel for the applicant prays to allow the bail application.

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Learned Public Prosecutor opposes the grant of bail application. On the contrary learned counsel for the complainant submits that the applicant also is a history sheeter and total twenty one criminal cases are pending against him. Applicant has misused the liberty of bail and despite being in custody, he was involved in criminal activities.

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Having regard to the rival contentions made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, particularly looking to the fact that offences alleged against the applicant under IPC are bailable and offence alleged under Section 67 of the IT Act is punishable with sentence up to five years of imprisonment and also considering the fact that complainant also is a history sheeter, this Court deems it just and proper to enlarge the accused-applicant on bail under Section 439 Cr.P.C.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the applicant Bobin @ Mobin S/o Shri Rafik Mohammad, who is in custody in connection with FIR No.115/2022, registered at Police Station Gogunda, District Udaipur, shall be released on bail provided he shall execute per-

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(3 of 3)

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[CRLMB-5848/2022]

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sonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so till the completion of the trial on the following condition:-

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(i) It is ordered that the applicant will mark his attendance in

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the first week of every month at Police Station-Goverdhan

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Villas.

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(RAMESHWAR VYAS),J

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12-Samvedana/-

Bobin @ Mobin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bobin @ Mobin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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