High CourtsSingle Bench

Azhar Ali Sayyed vs State, Through P.p.

Rajasthan High Court · Decided on 2 March 2020 · Citation: (2020) 03 RAJ CK 0032

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 380, 454
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 2554 Of 2020
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Judgment

13 paragraphs · 274 words

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR

No.480/2019, Police Station Hiran Magari, District Udaipur for the offence punishable under Sections 454, and 380 of the IPC.

The first bail application of the petitioner was dismissed on 21.01.2020 by this Court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge-sheet has been filed and offences

are triable by Magistrate. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing

any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Azhar Ali Sayyed S/o Sayyed Jurken

Ali, shall be released on bail in connection with FIR No.480/2019, Police Station Hiran Magari, District Udaipur provided he furnishes a personal bond

in a sum of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each

to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till

the completion of the trial.