The High Court granted regular bail to the petitioner in an IPC cheating/forgery case, holding that given the misdemeanor nature of the offence and lack of serious necessity to keep him in custody, bail could be allowed.
Bail granted with execution of a 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. Bail Application No. 128/2023
Aarif N Rasik S/o Nijammuddin, Aged About 50 Years, R/o Anjuman Colony Jalore Presently R/o Biyavar Ajmer Raj.
(Presently Lodged At Jail Jalore)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Gulam Moinuddin For Respondent(s) : Mr. S.K. Mehar, Public Prosecutor
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2023
The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 394/2022 registered at Police Station Kotwali, District Jalore for the offences punishable under Sections 420 and 406 of IPC.
Counsel for the petitioner submits that similarly situated coaccused Babu Lal has already been enlarged on bail by the coordinate Bench of this Court and the case of the present petitioner is similar to that of the co-accused. The offences alleged against the petitioner are triable by Magistrate. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
(2 of 2)
[CRLMB-128/2023]
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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Aarif N Rasik S/o Nijammuddin shall be released on bail in connection with FIR No. 394/2022 registered at Police Station Kotwali, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent 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
158-Mak/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in the offences punishable under Sections 420 and 406 IPC.
1 provisions across 1 enactments
Aarif N Rasik
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
