High CourtsSingle Bench

Mohsim Ali @ Mohsin vs State Of Rajasthan

Rajasthan High Court · Decided on 7 February 2023 · Citation: (2023) 02 RAJ CK 0024

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 380, 457
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No.1593 Of 2023
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Judgment

7 paragraphs · 223 words

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.233/2022, Police Station Sadar, Nagaur for the offences under Sections 457 and 380 IPC.

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

Learned counsel for the petitioner submitted that the offence alleged against the petitioner is triable by Magistrate; petitioner is behind the bars and trial will take sufficiently long time. Therefore, the petitioner may be enlarged on bail.

Learned Public Prosecutor vehemently opposed this bail application.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Mohsim Ali @ Mohsin S/o Shri Munir Khan, arrested in connection with FIR No.233/2022, P.S. Sadar, Nagaur shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/-and two sureties of Rs.25,000/- each to the satisfaction of the learned 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.