This order grants bail to the accused-appellant in a criminal matter involving rape and murder charges, noting a compromise between the parties. The court allowed the second bail application under Section 439 Cr.P.C.
Enlargement of petitioner on bail subject to personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 884/2023
Akbar Ali Son Of Jaheed, Aged About 24 Years, R/o Fayaj Nagar, Police Station Said Nangli, District Amroha ( U.p.) At Present Rent Holr Chaman Colony Ke Samne, Alamapur, Bhiwari ( At Present Confined In Sub Jail Kishangarhbas)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Jiya UR Rahman |
|---|---|
| For Respondent(s) | : Mr. Babu Lal Nasuna, PP |
| For complainant | : Mr. Naseemuddin Quazi |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
23/01/2023
The second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.172/2022 registered at Police Station Bhiwadi Phase-III, District Police Bhiwadi, District Alwar for the offence(s) under Sections 376(2)(N), 307, 120B IPC and Section 9/25 of Arms Act.
Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since long. First bail application filed by the petitioner was dismissed as withdrawn. Learned counsel for the petitioner submits that a compromise has been arrived between the parties and he also submitted the affidavit of the prosecutrix wherein she stated that she has solemnized the marriage with the petitioner in the Arya Samaj and they are living as husband and wife. Now,
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they have entered into the compromise and she does not want any action against the petitioner. Learned counsel further submits that conclusion of trial may take long time, hence, the petitioner be enlarged on bail.
Learned counsel for the complainant admitted the factum of compromise having taken between the parties.
Learned Public Prosecutor has opposed the bail application. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case, more particularly in view of the compromise entered into between the parties, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Akbar Ali Son Of Jaheed 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 learned trial Judge with this stipulation that the petitioner shall appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J
Brijesh 83.
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering the compromise between parties.
1 provisions across 1 enactments
Akbar Ali Son Of Jaheed
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
