Partly allowed

Sabir Son of Rashid v. State of Rajasthan

Rajasthan HC27 Mar 2023CRLMB/1047/2023

Case brief

AI extract

What is this about?

The High Court dismissed Sabir's anticipatory bail application as withdrawn, granting liberty to surrender for a fresh application. Simultaneously, Taiyab's anticipatory bail application was allowed, directing police authorities not to arrest him without promptly releasing him on personal bonds and conditions under IPC offences.

What did the court decide?

Petitioner No.1's application dismissed as withdrawn with liberty to surrender. Petitioner No.2 allowed anticipatory bail upon personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each with co

Sabir Son of Rashid Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1047/2023

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Sabir Son Of Rashid, Resident Of Village Jodhpur, Police Station Pahadi, District Bharatpur.

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Taiyab Son Of Rashid, Resident Of Village Jodhpur, Police Station Pahadi, District Bharatpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s)	: Mr. Ankit Khandelwal
For Respondent(s)	: Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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27/03/2023

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Learned counsel for the petitioner No.1-Sabir wants to withdraw the bail application with liberty to the accused petitioner to surrender before the concerned court.

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This bail application filed by the petitioner No.1-Sabir under Section 438 Cr.P.C. is dismissed as withdrawn.

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However, if the petitioner No.1-Sabir surrenders before the concerned trial court and files a fresh bail application, it is expected from the concerned court to decide the bail application of the petitioner No.1-Sabir, as far as possible, on the same day, in accordance with law.

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The present bail application has been filed by the petitioner No.2-Taiyab under Section 438 Cr.P.C. in connection with FIR No.94/2022 registered at Police Station Kaithwada, District

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[CRLMB-1047/2023]

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(2 of 3)

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Bharatpur for the offence(s) under Sections 143, 341, 323, 336 and 504 IPC (later on offence u/s 341, 323, 326, 504 read with Section 34 IPC was found to have been made out).

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Counsel for the petitioner No.2 submits that petitioner No.2Taiyab has been falsely implicated in this case. He further submits that he has no connection with the alleged offence. Nothing is to be recovered from the petitioner No.2-Taiyab. So, petitioner No.2Taiyab be enlarged on anticipatory bail. 3. Learned Public Prosecutor has opposed the bail application. 4. Considering the contentions put-forth by the counsel for the petitioner No.2-Taiyab and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application of the petitioner No.2-Taiyab is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kaithwada, District Bharatpur in FIR No.94/2022 is directed that in the event of arrest of the petitioner- Taiyab Son Of Rashid , he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner No.2-Taiyab shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner No.2-Taiyab shall not directly or indirectly

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(3 of 3)

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[CRLMB-1047/2023]

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make any inducement, threat or promise to any person acquainted

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with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner No.2-Taiyab shall not leave India without previous permission of the court.

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(NARENDRA SINGH DHADDHA),J

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Brijesh 88.

Sabir Son of Rashid v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sabir Son of Rashid v. State of Rajasthan

Case brief

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What did the court decide?

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