Allowed

Ayyaj S/O Farukh v. State of Rajasthan

Rajasthan HC18 Nov 2024CRLMB/10238/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed by Ayyaj S/o Farukh. The court held it was just and proper to grant bail, noting the offences were triable by a Magistrate, without commenting on the merits of the case. Bail was granted pending execution of a personal bond and surety.

What did the court decide?

Petitioner released on bail upon furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each.

Ayyaj S/O Farukh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:47293]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10238/2024

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Ayyaj S/o Farukh, Aged About 24 Years, R/o Hewatka, P.s. Gopalgarh, District Deeg. (At Present Confined In Central Jail Sewar Bharatpur).

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----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. Mohar Pal Meena For Respondent(s) : Ms. Arti Sharma, PP Mr. Manvendra Singh, PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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18/11/2024

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The present application under Section 483 of B.N.S.S., 2023 (439 of Cr.P.C.) has been filed by the petitioner seeking regular bail in connection with F.I.R. No. 122/2024 dated 28.07.2024 registered at Police Station Gopalgarh District Deeg (Raj.) for the offence under Sections 319(2), 318(4), 338, 336(3), 340 (2), 61 (2) (b) of Bhartiya Nyay Sanhita 2023 and Section 66D of IT Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely enroped in this case. He has contended that alleged offences are triable by Magistrate. He has also contended that there is no evidence of previous conviction available on record against the petitioner. The petitioner is languishing in jail since 28.07.2024. Charge-sheet for the offences under Sections 319(2), 318(4), 338, 336(3), 340 (2), 308(2), 61 (2) of Bhartiya Nyay Sanhita 2023 and Section 66D of

[2024:RJ-JP:47293]

[CRLMB-10238/2024]

(2 of 2)

IT Act has already been filed and trial of the case is likely to take time. He has, thus, urges that further incarceration of the petitioner in this case would not serve any fruitful purpose. He, therefore, prays that instant bail application may be allowed and petitioner may be enlarged on bail.

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Learned Public Prosecutor has vehemently and fervently opposed the bail application.

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I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

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Having regard to the totality of facts and circumstances of the case; considering the submissions advanced by learned counsel for the petitioner and the fact that alleged offences are triable by Magistrate, but without commenting anything on the merits and demerits of the case, this Court deems it just and proper to allow instant bail application.

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The present bail application is accordingly allowed and it is directed that accused-petitioner- Ayyaj S/o Farukh shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(BHUWAN GOYAL),J

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Anu /65

Ayyaj S/O Farukh v. State of Rajasthan

Case brief

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Ayyaj S/O Farukh v. State of Rajasthan

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