Allowed

Tahir S/O Kayam v. State of Rajasthan

Rajasthan HC21 May 2024CRLMB/5046/2024

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the Hon'ble High Court of Rajasthan allowed bail for the petitioner Tahir charged under Sections 326, 307, and 34 IPC. The Court granted bail noting the absence of a medical opinion regarding life-threatening injuries and the need for trial, conditional on a personal bond and sureties.

What did the court decide?

Enlarged the accused-petitioner on bail provided he furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

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

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[2024:RJ-JP:23967]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5046/2024

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Tahir S/o Kayam, R/o Kaoua Kho P.s Kotwali Karauli District Karauli, Rajasthan. (At Present Confined At Jail Karauli).

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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. Rajneesh Gupta For Respondent(s) : Mr. Riyasat Ali-PP Mr. Malkhan Chaturvedi

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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21/05/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.31/2024 registered at Police Station Karauli, District Karauli for the offence(s) under Sections 143, 323 and 341 of IPC later on, offence(s) under Sections 326, 307 and 34 of IPC were added.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. The case under Sections 307 and 308 of IPC is not made out against the accusedpetitioner. There is no specific opinion of the concerned Medical Jurist that injuries caused to injured Rashid are dangerous to life. Injured Rashid has received three injuries, out of which, two injuries are simple blunt in nature. In the FIR, seven persons have

[2024:RJ-JP:23967]

[CRLMB-5046/2024]

(2 of 3)

been named by the complainant. The other co-accused Tarif and Nisar have already been enlarged on bail. The charge-sheet against the petitioner has already been produced before the concerned Court. The accused-petitioner is in custody since long and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of complainant vehemently oppose the bail application. Learned Public Prosecutor submits that there is a specific allegation against the petitioner for causing grievous injury at the head of injured Rashid. The petitioner is having criminal antecedents, therefore, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the charge-sheet.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that there is no specific opinion of the concerned Medical Jurist that the injuries caused to injured Rashid are dangerous to life and further there is no repeated injury caused to injured Rashid and other injured, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Tahir S/o Kayam in connection with FIR No.31/2024 registered at Police Station Karauli, District Karauli shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial

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(3 of 3) [CRLMB-5046/2024]

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[2024:RJ-JP:23967]

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Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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9-Rahul Joshi

Tahir S/O Kayam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tahir S/O Kayam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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