Allowed

Hanif @ Kada S/O Japsingh v. State of Rajasthan

Rajasthan HC29 Jul 2024CRLMB/4946/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. for an accused facing charges under the Rajasthan Bovine Animal Act, noting that investigation concluded and police failed to disclose source of information or specific evidence connecting the petitioner to the crime.

What did the court decide?

Enlargement of the petitioner on bail by furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Hanif @ Kada S/O Japsingh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:31999]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4946/2024

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Hanif @ Kada S/o Japsingh, R/o Ghatmika Police Station Pahadi District Deeg. At Present In Sub Jail, Deeg.

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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. Rajeev Surana, Sr. Advocate assisted by
	Mr. Sankalp Sogani, Ms. Muskan Verma &
	Mr. Umang Jain
For Respondent(s)	: Mr. Chandra Gupt Chopra, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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29/07/2024

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Petitioner has filed this bail application under Section 439 Cr.P.C., arising out of F.I.R. No.264/2023 registered with the Police Station Pahadi, District Bharatpur for offence under Sections 3, 4, 5, 8 & 9 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.

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Counsel for the petitioner submits that the petitioner has falsely been implicated in this case only because he is already facing as many as nineteen (19) other cases, which are of the period prior to the year 2019 except one case which is of the year 2024. Counsel further submits that as per the contents of the First Information Report, the petitioner has been made an accused by the Police merely on some information gathered by them but,

(2 of 3)

[2024:RJ-JP:31999]

[CRLMB-4946/2024]

neither any source of information has been disclosed, nor any evidence connecting the accused-petitioner with the alleged crime has been disclosed. Counsel also submits that the petitioner is behind the bars since 25.01.2024 and the Police after conclusion of investigation has submitted charge-sheet and the alleged offences are triable by the Magistrate. Counsel also submits that the minimal sentence prescribed as punishment for the alleged offence, has already been undergone by the accused-petitioner.

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Learned Public Prosecutor has vehemently opposed the bail application and submits that the accused-petitioner and other coaccused persons after seeing the Police, ran away from the spot and later on after seeking information from the reliable sources, the petitioner has been arrested in the matter.

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Considered the submissions made by counsel for the petitioner as well as the learned Public Prosecutor.

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Having regard to the submissions made by counsel for the petitioner and so also the fact that it has not been disclosed by the Police that on whose information and on the basis of what evidence the petitioner has been implicated in this case and also the fact that the investigation has already been concluded, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioner on bail.

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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.1,00,000/- (Rupees

[CRLMB-4946/2024]

[2024:RJ-JP:31999]

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One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other 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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(GANESH RAM MEENA),J

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ARTI SHARMA /29

Hanif @ Kada S/O Japsingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hanif @ Kada S/O Japsingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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