High CourtsSingle Bench

Faizan @ Katora vs State Of Rajasthan

Rajasthan High Court · Decided on 24 August 2022 · Citation: (2022) 08 RAJ CK 0072

HON’BLE JUDGES
Rameshwar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 143, 149, 308, 341
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 9950 Of 2022
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Judgment

7 paragraphs · 286 words

Rameshwar Vyas, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.373/2022 of Police Station Ambamata, District Udaipur for the offences punishable under Sections 143, 341, 308 & 149 IPC.

Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.

Learned counsel for the applicant submits that grievous injuries sustained by injured-Fardeen are not on vital part; injuries are not shown as dangerous to life; offence under Section 308 IPC is not made out against the present applicant; the applicant is under custody since 13.07.2022 and trial of the case will take sufficient long time to conclude, therefore, learned counsel for the applicant prays to allow the bail application.

Learned Public Prosecutor opposes the grant of bail application.

Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Faizan @ Katora S/o Sh. Mohammad Rafiq Khan shall be released on bail in connection with FIR No.373/2022 of Police Station Ambamata, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty 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.