Allowed

Mohammad Ayyub v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/2491/2024

Case brief

AI extract

What is this about?

Justice Kuldeep Mathur allowed bail for two petitioners accused of offences under Sections 420, 406, 467, 468, 471, 383 and 120-B IPC. The Court noted a civil suit for title declaration existed and granted bail subject to a personal bond and sureties.

What did the court decide?

Petitioners released on bail subject to personal bond of Rs.50,000 and two sureties of Rs.25,000 each to trial court.

Mohammad Ayyub Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:12000]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2491/2024

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Mohammad Ayyub S/o Shri Natthu, Aged About 49 Years, R/o Chhipa Colony, Nagori Gate, Police Station Nagori Gate, Jodhpur. Currently R/o Pipli Chowk, Maderna Colony, Police Station Mahamandir, Dist. Jodhpur (Raj.) (At Present Lodged In Central Jail, Jodhpur)

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Alabaksh @ Allabaksh Chhipa S/o Shri Nathu, Aged About 63 Years, R/o Chhipa Colony, Outside Nagori Gate, Police Station Nagori Gate, Dist. Jodhpur (Raj.) (At Present Lodged In Central Jail, Jodhpur)

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----Petitioners

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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)	: Nonepresent
For Respondent(s)	: Mr. Vikram Sharma,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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13/03/2024

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.573/2023 registered at Police Station Udaimandir, Dist. Jodhpur City East, for the offences under Sections 420, 406, 467, 468, 471, 383 and 120-B IPC.

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Heard learned Public Prosecutor and perused the F.I.R. and challan papers submitted by the investigating agency before the competent criminal court.

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Having perused the case diary, this Court prima facie finds that the allegation against present petitioners is that they have

[2024:RJ-JD:12000]

[CRLMB-2491/2024]

(2 of 3)

created some forged documents, in order to establish that they were having ownership over the land having khasra No.425/6/1 situated in village Karwar. This Court also prima facie finds that a Civil Suit No.300/2023 for declaration of title in respect of the land in question, has been instituted by the petitioners before the competent civil court in the month of October, 2023. Thus, the possibility of the complainant trying to lodge a criminal case against the petitioners for a pure civil dispute between the parties cannot be ruled out at this stage. This Court also finds that the offences alleged to have been committed by the petitioners are triable by Magistrate; the petitioners are in judicial custody and the trial is likely to take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Mohammad Ayyub S/o Shri Natthu and (2) Alabaksh @ Allabaksh Chhipa S/o Shri Nathu, arrested in connection with F.I.R. No.573/2023 registered at Police Station Udaimandir, Dist. Jodhpur City East, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(3 of 3) [CRLMB-2491/2024]

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[2024:RJ-JD:12000]

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It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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(KULDEEP MATHUR),J

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Prashant

Mohammad Ayyub v. State of Rajasthan

Case brief

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Mohammad Ayyub v. State of Rajasthan

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