High CourtsSingle Bench

Shahbaz@shan vs State Of Rajasthan

Rajasthan High Court · Decided on 6 August 2020 · Citation: (2020) 08 RAJ CK 0069

HON’BLE JUDGES
Satish Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 326, 327, 341 · Arms Act, 1959 — Section 4, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 6466 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 259 words
1.

The petitioner has filed this bail application under Section 439 Cr.P.C. in FIR No.184/2020 registered at Police Station Kotwali, Tonk District Tonk for the offence under Sections 323, 341, 326, 327, 307, 34 of IPC and Section 4/25 of Arms Act.

2.

Heard learned counsel for both the sides and perused the material made available on record.

3.

Learned counsel for the petitioner submits that accused- petitioner has not been named in the FIR. No injury has been attributed to him. This is a clear case of after thought and false implication. The petitioner is in custody for more than two months and investigation has been completed. The accused-petitioner deserves to be enlarged on bail.

4.

Learned Public Prosecutor has opposed the bail application.

5.

Keeping in view the facts and circumstances of the case and having regard to the fact that he is not named in the FIR, this Court deems it just and proper to enlarge the petitioner on bail.

6.

Accordingly, without expressing any opinion on merits, the bail application is allowed and it is directed that the accused- petitioner be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.