Allowed

Kaashif S/O Aashif v. State of Rajasthan

Rajasthan HC4 Nov 2024CRLMB/4541/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by the petitioner apprehending arrest for offences under IPC and the National Highway Act regarding alleged obstruction of a highway. The court held custodial interrogation unnecessary and granted bail on personal bond.

What did the court decide?

Anticipatory bail allowed; petitioner released on execution of personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each subject to conditions.

Kaashif S/O Aashif Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:45404]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4541/2024

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Kaashif S/o Aashif, R/o Hammal Mohalla, District Sawai Madhopur (Raj.).

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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. Rizwan Ahmed For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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04/11/2024

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Apprehending his arrest in connection with FIR No.335/2023 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offence(s) under Sections 143 & 283 of IPC and Section 8B of National Highway Act, 1956, the accused-petitioner has preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the accused-petitioner submits that accused-petitioner has falsely been implicated in this case. It is alleged against the petitioner that he along with 70-80 persons of Muslim community blocked the National Highway No.552. It is also contended that the presence of the petitioner at the place of occurrence is questionable. The matter is triable by Magistrate and maximum punishment prescribed under Section 8B of National Highway Act, 1956 is imprisonment of either description for a term of five year or fine on both and under Section 283 of IPC is fine

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[2024:RJ-JP:45404]

[CRLMB-4541/2024]

which may extent to Rs.200/-. It is also contended that later on police added the offences under Sections 332 & 353 of IPC against the present petitioner and the custodial interrogation of the accused-petitoiner is not required. It is also contended that the petitioner was also falsely implicated in another case pertaining to FIR No.336/2023, registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur. It is also contended that the petitioner has joined and fully cooperated and also ready and willing to join the investigation as and when required. Therefore, anticipatory bail of the accused-petitioner may be allowed.

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Learned Public Prosecutor vehemently opposes the anticipatory bail application and submitted the factual report dated 05.09.2024, the same is taken on record. It is contended that the petitioner along with the other co-accused being a part of unlawful assembly obstructed the National Highway No.552, thereafter, caused hindrance in the official duty of the police officers. Therefore, considering the allegations levelled against the petitioner, the anticipatory bail application of the accusedpetitioner may be dismissed.

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Heard and perused the factual report.

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Considering the contentions put forth by the counsel for the petitioner and taking into account that the custodial interrogation of the accused-petitioner is not required, thus, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accusedpetitioner.

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Accordingly, the anticipatory bail application under Section

[CRLMB-4541/2024]

[2024:RJ-JP:45404]

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438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioner Kaashif S/o Aashif, in connection with FIR No.335/2023 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(PRAVEER BHATNAGAR),J

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Keshav/73

Kaashif S/O Aashif v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kaashif S/O Aashif v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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