The High Court of Rajasthan allowed the petitioner's third bail application under Section 439 Cr.P.C., granting release on a personal bond with two sureties.
Bail granted on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 3rd Bail Application No. 1000/2023
Mohammad Gul S/o Ishak Mohammad, Aged About 32 Years, R/o Street No. 2 Dhobi Talai Bikaner Raj. (At Present Lodged At Dist. Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. S.K. Verma |
|---|---|
| For Respondent(s) | : Mr. M.S. Bhati, PP |
| Mr. Vineet Jain, Sr. Advocate assisted | |
| byMr. Ashok Kumar Panwar |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
19/05/2023
The present third 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.13/2022 registered at Police Station Kotgate, District Bikaner registered for the offence punishable under Sections 307, 323, 341, 324, 325, 326, 147, 148, 149/109 & 120-B of the IPC and Sections 27, 3/25, 4/25, 5/25, 25(6) & 25(7) of the Arms Act.
While rejecting the second bail application, liberty was granted to the petitioner to file a fresh bail application after recording the statement of the injured Tejkaran.
Learned counsel for the petitioner submits that now the injured Tejkaran has been examined before the trial Court as PW.1 and he specifically mentioned that the petitioner and co-accused Mohd. Sadik were firing towards him and the fire shot by Mohd. Sadik hit left knee of the injured. Counsel further submits that the
[CRLMB-1000/2023]
(2 of 2)
co-accused Mohd. Sadik has already been granted bail by coordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mohammad Gul S/o Ishak Mohammad, shall be released on bail in connection with F.I.R. No.13/2022 registered at Police Station Kotgate, District Bikaner provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
84-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under IPC and Arms Act.
1 provisions across 1 enactments
Mohammad Gul S/o Ishak Mohammad
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
