Allowed

Mubarik Ali S/O Hussain Mohammed v. State of Rajasthan

Rajasthan HC23 Jan 2023CRLMB/521/2023

Case brief

AI extract

What is this about?

This court allowed a third bail petition filed by an accused facing charges under Sections 376(2)(N) and 506 IPC. Granting bail due to the prosecutrix turning hostile and the accused's long period in judicial custody without expressing an opinion on merits.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Mubarik Ali S/O Hussain Mohammed Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous III Bail Application No.

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521/2023

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Mubarik Ali S/o Hussain Mohammed, Aged About 33 Years, R/o Rasulpura P.s. Khanpur Distt. Jhalawar (Raj.) (At Present Confined In Distt. Jail, Jhalawar (Raj.) ----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. Rohit Khandelwal, Adv. For : Mr. Ganesh Saini, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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23/01/2023

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The first and second bail applications of the petitioner were dismissed as withdrawn by this Court vide orders dated 27.09.2022 & 21.11.2022 respectively. Now, the prosecutrix has turned hostile hence, this is third bail application.

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This third bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.182/2022 registered at Police Station Khanpur, District Jhalawar for the offence(s) under Section(s) 376(2)(N) & 506 IPC.

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Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely

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(2 of 2) [CRLMB-521/2023]

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been implicated in this case. He further submits that the prosecutrix has turned hostile. He also submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

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Learned Public Prosecutor appearing for the State has opposed the third bail application.

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Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Mubarik Ali S/o Hussain Mohammed shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /02

Mubarik Ali S/O Hussain Mohammed v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mubarik Ali S/O Hussain Mohammed v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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