Allowed

Harunali v. State of Rajasthan

Rajasthan HC16 Jul 2024CRLMB/6465/2024

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Harunali S/o Motakha @ Salim Kha, who was in custody for offences under Sections 457, 380, 395, and 332 IPC. The grant was based on co-accused being on bail, the nature of offences, and the trial likely taking substantial time.

What did the court decide?

The applicant is released on bail to execute a personal bond of ₹50,000 and two sureties of ₹25,000 each.

Harunali Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:29089]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6465/2024 Harunali S/o Motakha @ Salim Kha, Aged About 32 Years, R/o Barkhada, Police Station , Nikubh, At Present Thana Mandfaliya, Distt Chittorgarh Raj.

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(Lodged At Distt Jail Banswara)

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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. Parikshit Nayak For Respondent(s) : Mr. S.K. Bhati, PP

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JUSTICE DINESH MEHTA

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Order

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16/07/2024

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The present bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant, who is in custody in connection with the FIR No.282/2016 registered at Police Station Kotwali, District Banswara for the offences punishable under Sections 457, 380, 395 and 332 of the Indian Penal Code.

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Learned counsel for the applicant submitted that in relation to the First Information Report which was registered in the year 2016, the applicant has been arrested on 01.05.2024 and since charge-sheet has already been filed and neither any recovery nor any investigation remains to be made, the applicant be enlarged on bail.

[2024:RJ-JD:29089]

[CRLMB-6465/2024]

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It was also submitted that other co-accused namely, Dilshad Ali @ Tanu and Heeralal etc. have already been enlarged on bail and case of the present applicant is not different from that of the co-accused persons.

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Learned Public Prosecutor vehemently opposed the bail application while contending that four cases of like nature are pending against the applicant and thus, no indulgence be granted. 5. Heard learned counsel for the parties and perused the record.

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Having regard to the facts and circumstance of the case and considering that that offences alleged against the applicant are triable by the Magistrate; the co-accused persons have already been enlarged on bail and the trial of the case is likely to take substantial time, this Court is inclined to accept the bail application of the applicant.

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Consequently, the present bail application filed under Section 439 of the Code of Criminal Procedure is allowed. It is ordered that the applicant – Harunali S/o Motakha @ Salim Kha arrested in connection with FIR No.282/2016 registered at Police Station Kotwali, District Banswara shall be released on bail; provided he executes a personal bond in the sum of ₹50,000/and two sound and solvent sureties of ₹25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall

[CRLMB-6465/2024]

[2024:RJ-JD:29089]

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however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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159-Arvind/-

Harunali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harunali v. State of Rajasthan

Case brief

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What did the court decide?

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