Allowed

Faisal @ Mota S/O Mohammed Salim v. the State of Rajasthan

Rajasthan HC13 Feb 2024CRLMB/1193/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner arrested under IPC offences for Sections 323, 341, 392, 34, 325, 308, 397, 148, 149, 39 and 120-B. Allowed despite opposition, noting the petitioner was not named in the FIR, a co-accused had bail, and the long custody period.

What did the court decide?

Petitioner released on bail on furnishing personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to appearance conditions and prohibition on further offences.

Faisal @ Mota S/O Mohammed Salim Vs the… — Civil Procedure and Limitation | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1193/2024

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Faisal @ Mota S/o Mohammed Salim, R/o House 2/121, Van Vihar Colony, Eidgah, Housing Board, Delhi By Pass, Police Station Galatagate, Jaipur (Petitioner In Central Jail Jaipur)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Sanjeev Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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13/02/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.350/2023 registered at Police Station Galtagate, District Jaipur City (North) for the offences under Sections 323, 341, 392 & 34 of IPC. During the course of investigation, offences under Sections 325, 308, 397, 148, 149, 39 & 120-B of IPC have also been added.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that petitioner is not named in the FIR. He further submits that co-accused of this case namely- Irfan Qureshi @ Jhingar has already been granted benefit of bail by this Court and case of the present petitioner is also on similar footing. Petitioner is in custody since 07.09.2023 and trial of the case will take

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[CRLMB-1193/2024]

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(2 of 3)

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considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor vehemently opposes the bail application and submits that petitioner is a habitual offender and four other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that petitioner is not named in the FIR; other co-accused of this case namely- Irfan Qureshi @ Jhingar has been released on bail as well as looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Faisal @ Mota S/o Mohammed Salim shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned 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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It is made clear that the accused petitioner shall not involve in any other similar offence(s) during currency of the bail and he shall mark his presence on first monday of every month in the concerned police station.

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(3 of 3)

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[CRLMB-1193/2024]

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If breach of any of these conditions is reported or come to

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the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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ANAND TANWAR /33(S)

Faisal @ Mota S/O Mohammed Salim v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Faisal @ Mota S/O Mohammed Salim v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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