Allowed

Iqbal v. State of Rajasthan

Rajasthan HC3 Mar 2022CRLMB/618/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, allowed a bail application filed under Section 439 Cr.P.C. by the petitioner, Iqbal, arrested in connection with offences under Sections 498-A and 304 IPC. The court ordered his release on personal and surety bonds subject to appearance before the Trial Court.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each.

Iqbal Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR.

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….

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S.B. Criminal Misc. Bail Application No. 618/2022.

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Iqbal S/o Shri Gulam, aged 22 years, resident of Raah, Police Station Bagora, District Jalore (Rajasthan).

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(At Present Lodged In Sub Jail, Bhinmal).

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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. Shrvan Kumar Sainee.
For Respondent(s)	: Mr. Arun Kumar,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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03/03/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 134/2021, Police Station Bagora, Jalore, registered for the offences punishable under Sections 498-A & 304 of the Indian Penal Code.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor at some length. Perused the material available on record.

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Learned counsel for the petitioner stated that except the mother and father of the deceased (Anisha Bano @ Anu), none of the independent witnesses have supported the story of the prosecution; that in fact, sister-in-law (Mamiya) was engaged with the brother of the deceased and since Mamiya was minor, the

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[CRLMB-618/2022]

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(2 of 2)

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marriage could not be taken place; that the parents of Mamiya were not agree to send Mamiya to her in-laws’ house and that was the actual dispute; that as per the statements of the eyewitnesses, neighbours and relatives, namely, Shahib Shah @ Sohan Shah S/o Haji Shah and Sakil Khan S/o Kamaal Khan, the accused-petitioner has wrongly been implicated in this case; that the accused-petitioner is in custody since 29.09.2021; that the charge-sheet has been filed; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by the learned counsel for the accused-petitioner.

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Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed on behalf of the accused-petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the petitioner, Iqbal S/o Gulam , arrested in connection with F.I.R. No. 134/2021, Police Station Bagora, Jalore, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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32-Mohan/-

Iqbal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Iqbal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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