Amjad Khan vs State on 27 September, 2021

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Rajasthan High Court - Jodhpur

Amjad Khan vs State on 27 September, 2021

Bench: Prakash Gupta

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 9828/2021

Amjad Khan S/o Shri Nijukhan Makrani, Aged About 33 Years,
R/o Makrani Ka Vas, Gathi Sumer, P.S. Desuri, District Pali.
                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Suresh Kumbhat, Advocate
                                Mr. Sheetal Kumbhat, Advocate
For Respondent(s)         :     Mr. Shiv Kumar Bhati, PP


           HON'BLE MR. JUSTICE PRAKASH GUPTA

Order 27/09/2021 This bail application has been filed under Section 438 CrPC seeking anticipatory bail in FIR No. 90/2021 registered at Police Station, Nana, District Pali for the offence under Sections 447, 379 IPC and Sections 41 and 42 of the Forest Act.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this matter. He further submits that the petitioner has not been named in the FIR and on the basis of the statement of other co-accused persons, which is not admissible in evidence, the petitioner has been falsely implicated in this matter. Hence, the petitioner may be granted anticipatory bail.

Learned PP appearing for the State has opposed the same.

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(2 of 2) [CRLMB-9828/2021] Considering the submissions of learned counsel for the parties and taking into consideration the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the petitioner.

Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioner Amjad Khan S/o Shri Nijukhan Makrani in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O of the concerned Police Station on the following conditions:

i) That the petitioner shall make himself available for interrogation before the police officer, as and when required;

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her/them from disclosing such facts to the court or to any police officer;

iii) That the petitioner shall not leave India without prior permission of the court;

iv) That the petitioner shall not commit any offence similar to the offence of which he is accused or suspected.

(PRAKASH GUPTA),J DK/59 (Downloaded on 27/09/2021 at 08:54:47 PM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jodhpur