Allowed

Suhail @ Sohail S/O Sirajuddin v. State of Rajasthan

Rajasthan HC16 Jan 2024CRLMB/416/2024

Case brief

AI extract

What is this about?

The court allowed bail applications filed by two accused persons under Section 439 CrPC. Considering that they were not named in the initial FIR, specific allegations were directed against others, co-accused were already on bail, and the charge-sheet was filed without specific comment against the petitioners, custody was deemed unnecessary.

What did the court decide?

Petitioners released on bail upon furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Suhail @ Sohail S/O Sirajuddin Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:2493]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 416/2024

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Suhail @ Sohail S/o Sirajuddin, R/o Kuraishipada P.s. Hindaun City District Karauli (At Present In Sub Jail, Hindaun City)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 418/2024 Moin @ Main Qureshi S/o Sakil @ Langda, Aged About 23 Years, R/o Kasaipada Hindaun City P.s. Hindaun City District Karauli. (At Present In Sub Jail Hindaun City)

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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. Anil Kumar Shukla Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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16/01/2024

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These bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No.437/2023 registered at Police Station Hindaun, District Karauli for the offences under Sections 143, 323, 341, 307 & 379 of IPC and Sections 4/25 of Arms Act. Later on, the police filed the charge-sheet in this matter for the offences under Sections 143, 147, 149, 323, 341, 307, 324 & 506 of IPC.

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[2024:RJ-JP:2493]

[CRLMB-416/2024]

It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that allegation of causing knife injury is against Sohel @ Chuha and Anash @ Sanju. It is further submitted that petitioners are not named in the FIR. It is further submitted that co-accused Arif @ Pandu and Ammar @ Aman @ Ali have been granted bail by this Court vide order dated 04.01.2024 passed in S.B. Criminal Misc. Bail Application No.15161/2023 and case of the present petitioners is also on similar footing. Petitioners are in custody since their date of arrest and their further custody would not serve any fruitful purpose. Charge-sheet has been filed and trial is likely to take time.

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Learned Public Prosecutor opposes these bail applications.

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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 petitioners, especially the fact that petitioners are not named in the FIR, allegation of causing knife injury is against Sohel @ Chuha and Anash @ Sanju and the fact that charge-sheet has been filed, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused-petitioners - (1) Suhail @ Sohail S/o Sirajuddin, (2) Moin @ Main Qureshi S/o Sakil @ Langda, who have been arrested in connection with FIR No.437/2023 registered at Police Station Hindaun, District Karauli, shall be

[2024:RJ-JP:2493]

[CRLMB-416/2024]

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released on bail provided each of them 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 they 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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(ANIL KUMAR UPMAN),J

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CHARU SONI /10-11

Suhail @ Sohail S/O Sirajuddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suhail @ Sohail S/O Sirajuddin v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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