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Rajasthan High Court - Jaipur

Waseem Akram@Bittu S/O Late Shareef ... vs State Of Rajasthan on 3 December, 2020

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 14569/2020

1.       Waseem Akram @ bittu S/o Late Shareef Mohammed, R/o
         Karbala Chok Sultanpur Distt. Kota Rural. (At Present
         Confined At Central Jail Kota)
2.       Waseem Akram @ Neta S/o Mustak Ahmed, R/o Karbala
         Chok Sultanpur Distt. Kota Rural At Present Confined At
         Central Jail Kota.
3.       Zahid Khan S/o Shri Dos Mohammed, R/o Karbala Chok
         Sultanpur Distt. Kota Rural At Present Confined At Central
         Jail Kota
4.       Abid Hussain S/o Shri Ghansi Khan, R/o Churi Market
         Sultanpur Distt. Kota Rural At Present Confined At Central
         Jail Kota
5.       Rajat Sharma @ Kapil S/o Shri Mathuresh Sharma, R/o
         Purana Bazar Sultanpura Distt. Kota Rural At Present
         Confined At Central Jail Kota
6.       Gajendra Gurjar @ Manish S/o Shri Kedar Lal, R/o
         Gurjaron Ka Tek Sultanpur Distt. Kota Rural At Present
         Confined At Central Jail Kota
7.       Devraj @ Deva S/o Shri Ramcharan, R/o Ramnagar
         Sultanpur Distt. Kota Rural At Present Confined At Central
         Jail Kota
8.       Ashish Kumar Rathore @ Ashu S/o Shri Rajendra Rathore,
         R/o Sanjay Nagar Sultanpur Distt. Kota Rural At Present
         Confined At Central Jail Kota
9.       Irshad Khan S/o Shareef Khan, R/o Medpura Mohalla
         Sultanpur Distt. Kora Rural At Present Confined At Central
         Jail Kota
10.      Abdul   Mujeeb     S/o     Abdul       Wahab,           R/o   Islam   Nagar
         Sultanpur Distt. Kota Rural At Present Confined At Central
         Jail Kota
11.      Shabbir Ahmed @ Pahalwan S/o Shri Bhanwardeen, R/o
         Baba Manshah Ka Chok Sultanpur PS Sultanpur Distt.
         Kota Rural At Present Confined At Central Jail Kota
                                                        ----Accused-Petitioners
                                    Versus
State Of Rajasthan, Through PP

                     (Downloaded on 03/12/2020 at 09:13:20 PM)
                                    (2 of 3)                     [CRLMB-14569/2020]


                                                                ----Respondent


For Petitioner(s)        :     Mr. Syed Shahid Hasan through VC
For Respondent(s)        :     Mr. Atul Sharma, PP



      HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                                    Order

03/12/2020
     The present bail application has been filed under Section 439

Cr.P.C. The petitioners have been arrested in connection with FIR

No. 38/2019 registered at Police Station Sultanpur, District Kota

Rural for the offence under Section(s) 147, 148, 149, 332 & 353

of IPC and Section 3 of PDPP Act and later on for the offence

under Section(s) 147, 148, 332 & 353 of IPC and Section 3 of

PDPP Act.

     It is contended by the learned counsel for the petitioners

that in a case of free fight, they have falsely been implicated in this case. He submitted that none of the injured has received any grievous injury. He submitted that the petitioners are in judicial custody, investigation as against them is complete, offences are triable by Magistrate, co-accused persons have been extended benefit of bail by this Court and prays for their release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of allegations against them, their length of custody, offences being triable by Magistrate and release of co-accused persons on bail by this Court; but, without expressing any opinion on the merits of the (Downloaded on 03/12/2020 at 09:13:20 PM) (3 of 3) [CRLMB-14569/2020] case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Waseem Akram @ bittu S/o Late Shareef Mohammed, 2. Waseem Akram @ Neta S/o Mustak Ahmed, 3. Zahid Khan S/o Shri Dos Mohammed, 4. Abid Hussain S/o Shri Ghansi Khan, 5. Rajat Sharma @ Kapil S/o Shri Mathuresh Sharma, 6. Gajendra Gurjar @ Manish S/o Shri Kedar Lal, 7. Devraj @ Deva S/o Shri Ramcharan, 8. Ashish Kumar Rathore @ Ashu S/o Shri Rajendra Rathore,

9. Irshad Khan S/o Shareef Khan, 10. Abdul Mujeeb S/o Abdul Wahab and 11. Shabbir Ahmed @ Pahalwan S/o Shri Bhanwardeen shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish 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 trial Court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J MADAN MEENA /66 (Downloaded on 03/12/2020 at 09:13:20 PM) Powered by TCPDF (www.tcpdf.org)