The High Court of Rajasthan at Jodhpur allowed the petitioner's second bail application. Despite the offence being under the Arms Act, the court directed release on bail subject to a personal bond and sureties.
Petitioner released on bail on executing a personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.
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[2023:RJ-JD:44477]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 6743/2023
Yasin Ali S/o Sh. Shaukat Ali, Aged About 27 Years, R/o Hariyadhana Ki Haveli, Teliyo Ki Majid Ke Pass, Tripoliya Road, Sojati Gate Ke Andar, P.s. Sadar Bazar, Jodhpur. (Presently Lodged In Central Jail Jodhpur.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naresh Tak For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/12/2023
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with C.R. No.113/2022 registered at Police Station Ratanada, District Jodhpur for the offences punishable under Sections 4/25 (IB) (B) of Arms Act.
The first bail application was dismissed by this Court vide order dated 18.11.2022 with liberty to file afresh after recording the statement of complainant.
Learned counsel for the petitioner submits that offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner is in judicial custody since 06.04.2022 and the trial of the case will take sufficiently long time. With these
(2 of 2)
[2023:RJ-JD:44477]
[CRLMB-6743/2023]
submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail. I have considered the arguments advanced before me and gone through the material available on record.
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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Yasin Ali S/o Sh. Shaukat Ali, shall be released on bail in connection with C.R. No.113/2022 registered at Police Station Ratanada, District Jodhpur provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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
58-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. pending trial.
2 provisions across 2 enactments
Yasin Ali
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
