Rajasthan High Court - Jaipur
Akbar Ali Son Of Jaheed vs State Of Rajasthan on 23 January, 2023
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 884/2023
Akbar Ali Son Of Jaheed, Aged About 24 Years, R/o Fayaj Nagar,
Police Station Said Nangli, District Amroha ( U.p.) At Present
Rent Holr Chaman Colony Ke Samne, Alamapur, Bhiwari ( At
Present Confined In Sub Jail Kishangarhbas)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jiya UR Rahman
For Respondent(s) : Mr. Babu Lal Nasuna, PP
For complainant : Mr. Naseemuddin Quazi
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
23/01/2023
The second bail application has been filed under Section 439
Cr.P.C. in connection with FIR No.172/2022 registered at Police
Station Bhiwadi Phase-III, District Police Bhiwadi, District Alwar
for the offence(s) under Sections 376(2)(N), 307, 120B IPC and
Section 9/25 of Arms Act.
Learned counsel for the petitioner submits that the petitioner
has been wrongly implicated in this case. He is behind the bars
since long. First bail application filed by the petitioner was
dismissed as withdrawn. Learned counsel for the petitioner
submits that a compromise has been arrived between the parties and he also submitted the affidavit of the prosecutrix wherein she stated that she has solemnized the marriage with the petitioner in the Arya Samaj and they are living as husband and wife. Now, (Downloaded on 28/01/2023 at 12:11:17 AM) (2 of 2) [CRLMB-884/2023] they have entered into the compromise and she does not want any action against the petitioner. Learned counsel further submits that conclusion of trial may take long time, hence, the petitioner be enlarged on bail.
Learned counsel for the complainant admitted the factum of compromise having taken between the parties.
Learned Public Prosecutor has opposed the bail application. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case, more particularly in view of the compromise entered into between the parties, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Akbar Ali Son Of Jaheed shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge with this stipulation that the petitioner shall appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J Brijesh 83.
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