Allowed

Mohammad Mosin S/O Mohammad Rafiq v. State of Rajasthan

Rajasthan HC21 Apr 2023CRLMB/252/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by a 20-year-old student accused of offences including attempted murder, injury, and criminal mischief. The petitioner was granted relief as co-accused were already on bail, without expressing an opinion on the merits of the case.

What did the court decide?

Petitioner shall be released on bail by furnishing personal bond of Rs.50,000/ and two sureties of Rs.25,000/- each.

Mohammad Mosin S/O Mohammad Rafiq Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023/RJJP/007687]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 252/2023

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Mohammad Mosin S/o Mohammad Rafiq, Aged About 20 Years, R/o Beej Godam, Kashaiyon Ka Badiya, Blad, P.S. Beawar Sadar, District Ajmer(Raj.) (Petitioner Is Confined In Sub Jail Beawar)

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----Accused-Petitioner

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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. Deshraj Kalwania
For Respondent(s)	: Mr. Chandra Gupt Chopra, PP and
	Mr. S. Gaharana for complainant

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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21/04/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.894/2022, Police Station Beawar City, District Ajmer for the offences under Sections 323, 341, 452, 307 & 143 IPC and later on for the offences under Sections 323, 341, 143 & 307 IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is a young boy of 20 years and is studying in 12^th standard. Learned counsel submitted that two other co-accused have been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 19.12.2022 in S.B. Criminal Misc. Bail Application No.17566/2022:

[2023/RJJP/007687]

[CRLMB-252/2023]

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Iliyas Mohammad & Anr. vs. State of Rajasthan. Learned counsel further submitted that the petitioner was arrested on 15.11.2022 and since then he is the behind the bars; charge-sheet has been filed and conclusion of the trial will take long time time. Learned counsel prayed that the petitioner be enlarged on bail.

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On the other hand learned Public Prosecutor as well as learned counsel appearing for the complainant have submitted that the accused-petitioner along-with the co-accused persons entered in the house of the complainant at night and caused injuries by knife to Mohd. Firoj and the injury was found dangerous to life, therefore, the bail application should not be allowed.

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Having regard to the facts and circumstances of the case and considering the fact that the petitioner is a young boy of 20 years and considering the fact that co-accused have been enlarged on bail by a Co-ordinate Bench of this Court as well as the fact that the petitioner is in custody since 15.11.2022 and conclusion of trial will take long time, but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Mohammad Mosin S/o Mohammad Rafiq , arrested in FIR No.894/2022, Police Station Beawar City, District Ajmer shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the learned trial. Petitioner shall be required to appear before that

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[2023/RJJP/007687]

[CRLMB-252/2023]

Court on all dates of hearing and as and when called upon to do

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so.

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(ASHUTOSH KUMAR), J

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MADAN/19

Mohammad Mosin S/O Mohammad Rafiq v. State of Rajasthan

Case brief

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Mohammad Mosin S/O Mohammad Rafiq v. State of Rajasthan

Case brief

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