Rajasthan High Court - Jaipur
Bhallu Singh Son Of Ramesh Gurjar vs State Of Rajasthan on 17 May, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7132/2022
1. Bhallu Singh Son Of Ramesh Gurjar, Aged About 24 Years,
Resident Of Kheda Rajgarh, P.s. Masalpur, Dist. Karauli (Raj.)
(At Present Accused Confined In Dist. Jail Karauli)
2. Neeraj Yogi Son Of Parbhati, Aged About 27 Years, R/o
Langra Presently Residing At Vaishali Nagar, Gomti Colony,
Tehsil Karauli And Dist. Karauli (Raj.) (At Present Both Are
Confined In Dist. Jail Karauli)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 7133/2022 Ziyauddin Son Of Jabuddin, Aged About 21 Years, R/o No. 3 School, Sayanath Khirkiya, Karauli, P.s. Kotwali, Karauli, Dist. Karauli (Raj.) (At Present Accused Confined In Dist. Jail Karauli)
----Petitioner Versus State Of Rajasthan, Through Its PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7134/2022 Zishan Khan Son Of Sultan Musalman, Aged About 22 Years, R/o Dholikhar, Near Kahar Ghata, P.s. Kotwali, Karauli, Dist. Karauli (Raj.) (At Present Accused Confined In Dist. Jail Karauli)
----Petitioner Versus State Of Rajasthan, Through Its P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7135/2022
1. Hasim Khan S/o Islamuddin, Aged About 21 Years, R/o Behind Brahmin Dharmshala, Bhudara Bazar, Karauli, Dist. Karauli (Raj.).
2. Farhan S/o Abdul Salam, Aged About 19 Years, R/o Sabalgarh, P.s. Sabalgarh, Dist. Muraina (Madhyapradesh).
(Downloaded on 24/12/2022 at 09:56:52 PM)(2 of 4) [CRLMB-7132/2022] (At Present Accused Confined In Dist. Jail Karauli, Dist. Karauli).
----Petitioners Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7136/2022 Nadeem Son Of Nazar, Aged About 32 Years, Resident Of Hatwara Bazar, Near Manihar Maszid, Karauli, Recent Address - Shikarganj, Dist. Karauli (Raj.) (At Present Accused Confined In Dist. Jail Karauli)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7257/2022 Sharif Khan S/o Babu Khan, Aged About 35 Years, R/o No 3 School Ke Paas, Saynath Khidkiyan, Idgah Ke Paas, Karauli Tehsil And District Karauli (Rajasthan) ( Now He Is Confined In Central Jail Karauli)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7258/2022 Danish S/o Sarfudadin, Aged About 24 Years, Resident Of Near Chikna Farsh, Karauli Police Station Kotwali Karauli District Karauli (Raj.) ( At Present Confined At District Jail Karauli)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 7326/2022 Amjad @ Bachchu Son Of Sardar, Aged About 25 Years, R/o Khar Road, Behind Hatwara Wali Maszid, Karauli, Police Station Kotwali, Karauli District Karauli (Raj.) (At Present Accused Confined In District Jail Karauli).
(Downloaded on 24/12/2022 at 09:56:52 PM) (3 of 4) [CRLMB-7132/2022]
----Petitioner
Versus
State Of Rajasthan, Through Its PP
----Respondent
For Petitioner(s) : Mr. Syed Saadat Ali
Mr. Hari Krishna Sharma with
Mr. Asad Ul Haq Noori
Mr. Khizer Iqbal Khan
Mr. Malkhan Chatruvedi
For Respondent(s) : Mr. Riyasat Ali, PP
Mr. G.S. Gill with
Mr. Harish Kandpal (from item No. 77
to 83)
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/05/2022
1. The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners Bhallu Singh Son Of Ramesh Gurjar, Neeraj Yogi Son Of Parbhati, Ziyauddin Son Of Jabuddin, Zishan Khan Son Of Sultan Musalman, Hasim Khan S/o Islamuddin, Farhan S/o Abdul Salam, Nadeem Son Of Nazar, Sharif Khan S/o Babu Khan, Danish S/o Sarfudadin & Amjad @ Bachchu Son Of Sardar. The petitioners have been arrested in connection with FIR No. 131/2022 registered at Police Station Karauli, District Karauli for the offence(s) under Sections 147, 148, 149, 336, 153A, 295A, 323, 307, 427, 436, 332, 353, 392, 452 & 120B IPC and Section 3 of the PDPP Act.
2. Learned counsel for the accused-petitioners submits that false cases have been foisted against the petitioners. The accused- petitioners have nothing to do with the alleged offences. Learned counsel for the petitioners jointly prayed that it was an affray in which large number of people were involved. At this stage, it cannot be said that who incited the mob to erupt the violence as the same could be adjudicated in full-fledged trial. There is no (Downloaded on 24/12/2022 at 09:56:52 PM) (4 of 4) [CRLMB-7132/2022] religion of the mob. The incident erupted suddenly, therefore, there can be no criminal intent to kill any particular person, thus, Section 307 IPC is not attracted at all. The best case of the prosecution would be that the petitioners along with several other persons constituted unlawful assembly for which the provisions are bailable as regards the invocation of the Section 436 IPC is concerned, at this stage, it cannot be ascertained that who incited and set a blaze the shops, therefore keeping large number of people behind the bars would further create disruption in the town, therefore, with a view to keep harmony and to ensure the earliest peace and tranquility in the society, the further incarceration of the accused-petitioners may not be allowed.
3. Per contra, learned Public Prosecutor and Mr. G.S. Gill, learned counsel for the complainant-respondent have vehemently opposed the bail applications.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused- petitioners on bail.
5. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners named above shall be enlarged on bail provided each of them 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 for their appearance before the court concerned on all the dates of hearing as and when they are called upon to do so.
(FARJAND ALI),J SAHIL SONI /76-83 (Downloaded on 24/12/2022 at 09:56:52 PM) Powered by TCPDF (www.tcpdf.org)