Allowed

Taushif @ Krim v. State of Rajasthan

Rajasthan HC19 Mar 2024CRLMB/1658/2024

Case brief

AI extract

What is this about?

This Court allowed a second bail application filed by an applicant facing charges under IPC and Arms Act. Relying on the hostility of eye-witnesses and the pendency of other cases, the Court held that mere pendency does not justify incarceration without establishing guilt.

What did the court decide?

The applicant was ordered to be released on bail after executing a personal bond of ₹50,000/- and two sureties of ₹25,000/- each.

Taushif @ Krim Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JD:13117]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc. Second Bail Application No.1658/2024

¶4

Taushif @ Krim S/o Mohammad Sammiulla @ Raja Khan @ Pakkad, Aged About 23 Years, R/o Tehsil Road, Holimangra Nathdwara, Presently R/o Santoshi Nagar, Jal-Chakki, Kankroli, District Rajsamand. (Presently Lodged In District Jail, Rajsamand)

¶5

----Applicant

¶6

	Versus
State of Rajasthan t	hrough PP ----Respondent
For Applicant(s)	: Mr. Pradeep Shah with Mr. Mohd. Rasheed
For Respondent(s)	: Mr. Vikram Sharma,PP

¶7

JUSTICE DINESH MEHTA

¶8

Order

¶9

19/03/2024

¶10

The present second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant, who is in custody in connection with the FIR No.81/2023 registered at Police Station Delwada, District Rajsamand for the offences punishable under Sections 341, 323, 307, 394, 397, 398/34 of the Indian Penal Code and Section 4/25 of the Arms Act.

¶11

The first bail application (S.B. Criminal Misc. Bail Application No.12973/2023) of the present applicant was dismissed as not pressed on 21.12.2023.

¶12

While inviting Court’s attention towards the statements of PW-1 – Mohd. Ikhlash @ Mahir and PW-2 – Mohd. Avesh @ Ali, Mr. Shah argued that the statements of the complainant and injured eye witness have been recorded in the trial Court and both of

[2024:RJ-JD:13117]

[CRLMB-1658/2024]

(2 of 3)

them have turned hostile and hence, the present applicant is entitled to be enlarged on bail.

¶17

Learned Public Prosecutor opposed the bail application and submitted that a number of cases are pending against the applicant and, therefore, no indulgence be granted to him. 5. Having heard learned counsel for the parties and considering that both the above mentioned injured eye witnesses have turned hostile, this Court does not find any reason to keep the present applicant incarcerated as the trial of the case is likely to take substantial time.

¶18

So far as, pendendy of the cases against the applicant is concerned, according to this Court, unless the prosecution is able to establish the felony of the applicant in the case in hand, the applicant cannot be kept behind bars simply because other cases are pending.

¶19

Consequently, the present second bail application filed under Section 439 of the Code of Criminal Procedure is allowed. It is ordered that the applicant – Taushif @ Krim S/o Mohammad

¶20

Sammiulla @ Raja Khan @ Pakkad arrested in connection with FIR No.81/2023 registered at Police Station Delwada, District Rajsamand shall be released on bail; provided that he executes a personal bond in the sum of ₹50,000/- and two sureties of ₹25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

¶21

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall

[CRLMB-1658/2024]

[2024:RJ-JD:13117]

(3 of 3)

however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

¶26

(DINESH MEHTA),J

¶27

100-Arvind/-

Taushif @ Krim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Taushif @ Krim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajeem Shekh Vs State of Rajasthan

Nagesh Sharma Vs State of Rajasthan

Kushagrah Bhatt Vs State of Rajasthan

Abhishek @ Abhimanyu Vs State of Rajasthan

Ramprasad @ Putiya Vs State of Rajasthan

Sikander Ali Vs State of Rajasthan