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Rajasthan High Court - Jodhpur

Sameer vs State on 7 December, 2021

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 15140/2021

1.       Sameer S/o Saleem, Aged About 23 Years, R/o Arkavda,
         P.s. Bhinoli, District Bagpat (U.P.). At Present House No.
         219, 220 L Second Madangir, P.S. Ambedkar Nagar, New
         Delhi. (Lodged in Sub Jail, Jetaran).
2.       Amzad S/o Sazid, Aged About 23 Years, R/o Kareempur
         Jeemana Jeemani, P.S. Rambala, District Bagpat (U.P.).
         (Lodged in Sub Jail, Jetaran),.
                                                                  ----Petitioners
                                    Versus
State through PP
                                                                 ----Respondent
                              Connected With
     S.B. Criminal Miscellaneous Bail Application No. 13753/2021
Kajim @ Kasim S/o Hanif, Aged About 33 Years, R/o L-2, 170
Madangiri, P.S. Ambedkar Nagar, South Delhi. (Presently lodged
in Sub Jail, Jaitaran District Pali).
                                                                   ----Petitioner
                                    Versus
State of Rajasthan through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Narendra Rajpurohit &
                                Mr. A.D. Ujjwal
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 07/12/2021 The petitioners have been arrested in connection with FIR No.322/2021 of Police Station Raipur, District Pali for the offences punishable under Sections 279, 336, 337, 353, 332, 307 of IPC (Downloaded on 07/12/2021 at 08:58:03 PM) (2 of 2) [CRLMB-15140/2021] and Sections 3/25, 4/25 of Arms Act. They have preferred this bail applications under Section 439 Cr.P.C.

Counsel for the petitioners submits that according to the injury report, the injured received simple injuries on his non vital part of the body. Challan of the case has already been presented. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail may be granted to the accused-petitioners.

Per contra, learned Public Prosecutor has vehemently opposed the bail applications.

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 petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Sameer S/o Saleem, (2) Amzad S/o Sazid and (3) Kajim @ Kasim S/o Hanif shall be released on bail in connection with FIR No.322/2021 of Police Station Raipur, District Pali provided each of them executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties (one surety shall be local resident of the Rajasthan) of Rs.1,00,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(MANOJ KUMAR GARG),J 40-41-Arvind/-

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