This order grants bail to the petitioner, Mujjaffer @ Goga, under Section 439 Cr.P.C. for offences punishable under various sections of the IPC, noting the lengthy incarceration and settled nature of the dispute, subject to personal bond and sureties.
Petitioner released on bail with personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
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[2023/RJJD/009677]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 827/2023
Mujjaffer @ Goga S/o Shri Mustaq Babu Khan, Aged About 26 Years, B/c Muslim R/o Nayakwari Kumaharwara Dist. Udaipur Raj. (Petitioner Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
12/04/2023
The petitioner has been arrested in connection with FIR No.143/2017 of Police Station Goverdhanvilas, District Udaipur for the offence punishable under Sections 452, 323, 364-A, 386, 387, 354 & 427 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the parties have amicably settled the dispute and Complainant-PW2-Chandraprakash & PW3-Neelam have been declared hostile. The complainant has filed a compromise for offences under Section 323 & 427 IPC, which is verified by the learned Trial Court. The accused-petitioner is behind the bars since long and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
[2023/RJJD/009677]
[CRLMB-827/2023]
Learned Public Prosecutor has vehemently opposed the bail application.
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mujjaffer @ Goga S/o Shri Mustaq Babu Khan shall be released on bail in connection with FIR No.143/2017 of Police Station Goverdhanvilas, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MADAN GOPAL VYAS),J
69-nidhi/-(12)
1 issue framed by the court
Whether to grant bail to the accused-petitioner lodged in central jail after chargesheets were filed.
1 provisions across 1 enactments
Mujjaffer @ Goga
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
