Allowed

Mohammad Imran v. State of Rajasthan

Rajasthan HC21 Nov 2023CRLMB/4176/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan at Jodhpur allowed the bail application filed under Section 439 Cr.P.C. The court held that there was no immediate case instigating the deceased's death and no compelling circumstances for continued incarceration.

What did the court decide?

Petitioner enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Mohammad Imran Vs State of Rajasthan — Money Laundering | Rajasthan HC (2023)

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[2023:RJ-JD:39852]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4176/2023

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Mohammad Imran S/o Mohammad Yusuf, Aged About 39 Years, Haider Colony, Mastan Baba, Pali, P.s. Kotwali Pali, Pali. (At Present Sub Jail Bali, Pali).

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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. N.K. Bohra
For Respondent(s)	: Mr. Mukhtyar Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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21/11/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of the	Case
1.	FIR Number	205/2022
2.	Concerned Police Station	Sadri
3.	District	Pali
4.	Offences alleged in the FIR	Under Section 498A and 304B of IPC
5.	Offences added,if any	-
6.	Date ofpassingof impugned order	20.01.2023

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It is contended on behalf of the accused-petitioner that no case for the alleged offence is made out against the petitioner and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no

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[2023:RJ-JD:39852]

[CRLMB-4176/2023]

factors at play in the case at hand that may work against grant of bail to the accused-petitioner.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. None present for the complainant despite service.

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Upon consideration of the submission that the marriage of the petitioner was solemnized with the deceased Rizwana in the year 2016 and whereafter, for long 6 years, they had lived on mirth and merriment without having any complaint, even the petitioner, upon insistence of the deceased, decided to live in his in-laws house, there is no immediate or instant case for which, it can be said that it instigated the deceased to end her life. Prima facie, it can be considered that there is no evidence on record to show that soon before the death of the deceased, she was subjected for cruelty for demand of dowry. The investigation is complete and the trial would take a long time. There are no compelling circumstances for which, further incarceration of the petitioner should be allowed.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the

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(3 of 3) [CRLMB-4176/2023]

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[2023:RJ-JD:39852]

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learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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179-/Devesh/-

Mohammad Imran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammad Imran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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