Allowed

Rafique Khan @ Rafique Alam v. State of Rajasthan

Rajasthan HC17 Jan 2023CRLMB/550/2023

Case brief

AI extract

What is this about?

High Court allowed a bail application under Section 439 Cr.P.C. for the accused-petitioner. The court deemed it just and proper to grant bail considering co-accused were already released on bail, ordering the petitioner to furnish a personal bond of Rs.1,00,000/- with two sureties.

What did the court decide?

Petitioner enlarged on bail by furnishing personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to lower Court.

Rafique Khan @ Rafique Alam Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 550/2023

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Rafique Khan @ Rafique Alam S/o Barkat Khan, Aged About 20 Years, R/o Lalji Ki Dhani Jhalariya Ps Bhaniyana Dist. Jaisalmer (At Present Lodged In Sub Jail Pokaran)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Pp

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----Respondent

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For Petitioner(s) :	Mr. V.D. Gaur
For Respondent(s) :	Mr. S.K. Bhati,PP

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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17/01/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.09/2021, registered at Police Station Bhaniyana, District Jaisalmer for the offence(s) under Sections 341, 323, 306/34 of IPC.

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Learned counsel for the accused-petitioner submits that challan has been filed in the present case. Learned co-ordinate Bench of this Court vide its order dated 10.06.2021 passed in S.B. Criminal Misc. Bail Application No.7052/2021 has already granted bail to the co-accused Mahaveer Singh, Om Prakash and Rawal Chand. Therefore, learned counsel for the petitioner prays to enlarge the petitioner on bail.

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Per contra, learned Public Prosecutor opposed the bail application. He submits that co-accused has been released on bail and challan has been filed in the present case.

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(2 of 2)

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[CRLMB-550/2023]

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Considering the overall facts and circumstances of the case, particularly, looking to the fact that aforesaid co-accused have already released on bail by the co-ordinate Bench of this Court and challan has been filed in the present case, without expressing any opinion on merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rafique Khan @ Rafique Alam S/o Barkat Khan arrested in the aforesaid FIR shall be enlarged 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 learned lower Court 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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(YOGENDRA KUMAR PUROHIT),J

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44-AnilKC/-

Rafique Khan @ Rafique Alam v. State of Rajasthan

Case brief

What is this about?

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Rafique Khan @ Rafique Alam v. State of Rajasthan

Case brief

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