Allowed

Wasim Khan S/O Shri Bandu Khan v. State of Rajasthan

Rajasthan HC9 Sept 2024CRLMB/9728/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for an Arms Act offence, the Court allowed bail despite 19 pending cases against the accused, noting the case is triable by a Magistrate and trial will take time, without expressing an opinion on merits.

What did the court decide?

Release on bail requiring a personal bond of Rs. 1,00,000 and two solvent sureties of Rs. 50,000 each.

Wasim Khan S/O Shri Bandu Khan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:38060]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9728/2024

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Wasim Khan S/o Shri Bandu Khan, aged 28 Years, R/o A-544, Nahari Ka Naka, Madina Masjid, Police Station Shastri Nagar, Jaipur (Raj.) (At Present Accused Confined In Central Jail Jaipur).

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----Accsued-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	: Mr.	Rahul Agarwal, Adv.
For Respondent	: Mr.	Manvendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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09/09/2024

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This bail application has been filed by the accused-petitioner against the order dated 04.06.2024 passed by learned Sessions Judge, Jaipur Metropolitan-II under Section 439 of the Cr.P.C. in connection with FIR No.380/2024, registered at Police Station Jhotwara, District Jaipur (West) for the offence under Section 4/25 of the Arms Act, 1959 by which the bail application of the accused-petitioner under Section 439 of Cr.P.C. has been dismissed.

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Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel further submitted that the bail application filed by the accused-petitioner before learned trial Court has been

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dismissed only on the ground that there are other criminal cases pending against the accused-petitioner. Learned counsel for the accused-petitioner also submitted that the charge-sheet has already been filed and the trial will take a long time to conclude. Learned counsel further submitted that the charges levelled against the accused-petitioner for the offence under Section 4/25 of the Arms Act, 1959 is triable by Magistrate and, therefore, the accused-petitioner be granted benefit of bail.

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Learned Public Prosecutor vehemently opposed this bail application and submitted that as many as 19 criminal cases have been registered against the accused-petitioner and therefore, the accused-petitioner not be enlarged on bail. 4. Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the facts that the charge-sheet has been filed, the trial will take a long time to conclude and that the case in hand is for the offence under Section 4/25 of the Arms Act, 1959 which is triable by Magistrate, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-petitioner.

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Consequently, this bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that accused-petitioner Wasim Khan S/o Shri Bandu Khan, arrested in FIR No.380/2024, registered at Police Station Jhotwara, District Jaipur (West) shall be released on bail; provided he furnishes personal bond in the

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sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/each duly attested to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /135

Wasim Khan S/O Shri Bandu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Wasim Khan S/O Shri Bandu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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