High CourtsSingle Bench

Yasin Ali vs State Of Rajasthan

Rajasthan High Court · Decided on 19 December 2023 · Citation: (2023) 12 RAJ CK 0081

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Arms Act, 1959 — Section 4, 25(IB)(B)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 6743 Of 2023
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Judgment

8 paragraphs · 290 words

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with C.R. No.113/2022 registered at Police Station Ratanada, District Jodhpur for the offences punishable under Sections 4/25 (IB) (B) of Arms Act.

The first bail application was dismissed by this Court vide order dated 18.11.2022 with liberty to file afresh after recording the statement of complainant.

Learned counsel for the petitioner submits that offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner is in judicial custody since 06.04.2022 and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer of bail.

I have considered the arguments advanced before me and gone through the material available on record.

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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Yasin Ali S/o Sh. Shaukat Ali, shall be released on bail in connection with C.R. No.113/2022 registered at Police Station Ratanada, District Jodhpur provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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.