Allowed

Nasir @ Baccha S/O Shri Siraj Khan v. State of Rajasthan

Rajasthan HC26 Feb 2024CRLMB/196/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. The court relied on the fact that no injury was inflicted and no firearm was recovered from the petitioner. Bail was granted subject to conditions regarding financial bond and reporting.

What did the court decide?

Release on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Nasir @ Baccha S/O Shri Siraj Khan Vs State… — Murder and Culpable Homicide | 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. 196/2024

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Nasir @ Baccha S/o Shri Siraj Khan, Aged About 20 Years, R/o Dhunbakhal, Iqbal Chowk, Sagatpura, P.s. Kunari, Kota City. (At Present Confined In Central Jail, Kota).

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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. Surendra Sharma 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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26/02/2024

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Petitioner has filed this bail application under Section 439 of Cr.P.C.

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F.I.R. No. 159/2023 was registered at Police Station Kishorpura, District Kota City for offences under Sections 307 & 34 of IPC and Section 3/25 of Arms Act.

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It is contended by counsel for the petitioner that the accusedpetitioner has falsely been implicated in this case. Counsel submits that there is no allegation against the petitioner to open the fire. He further submits that it is a case of no injury and no firearm has been recovered at the instance of the petitioner. He further submits that petitioner is in custody since 17.08.2023. He further submits that charge-sheet has been filed in this matter and trial will take

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(2 of 3) [CRLMB-196/2024]

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considerable time. Counsel contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor has opposed the bail application and submits that eight other cases have been registered against the petitioner and he is a habitual offender. Thus, bail should not be granted to him.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and especially the fact that it is a case of no injury and no firearm has been recovered at the instance of the petitioner; charge-sheet has been filed in this matter; and period of custody, but without commenting anything on merits and 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 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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[CRLMB-196/2024]

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(3 of 3)

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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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If breach of any of these conditions is reported or come to 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 /38

Nasir @ Baccha S/O Shri Siraj Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nasir @ Baccha S/O Shri Siraj Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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