HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 1274/2022

Mohammad Akram S/o Sh. Mohammad Azad, Aged About 23

Years, R/o Behind Fci Godown, Kavakheda, P.s. Kotwali Bhilwara,

Dist. Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).

----Petitioner

Versus

State, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 472/2022

Azhar Kadri @ Lucky S/o Shri Mohammed Salim, Aged About 29

Years, R/o Near Mehtab Ki Taal, Junawas, Sindhu Nagar,

Bhilwara. (Presently Lodged In District Jail, Bhilwara)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rakesh Arora with Mr. Manish

Rajprohit through VC

Mr. BS Charan through VC

For Respondent(s)

:

Mr. SK Bhati, PP assisted by Mr.

Ravindra Khichhi

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

07/02/2022

The petitioners have been arrested in connection with FIR

No.440/2021 of Police Station Kotwali, District Bhilwara for the

offence punishable under Sections 143, 323, 307, 384, 120B IPC

and Sections 3/25, 5/25, 5/29 of Amrs Act. They have preferred

these bail application under Section 439 Cr.P.C.

(2 of 2)

[CRLMB-1274/2022]

Counsel for the petitioners submits that specific allegation of

using firearm upon complainant party was levelled against co-

accused Sikander @ Lotary but no one got injured in this incident.

No specific allegation has been levelled against the present

petitioners. 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 should be granted to the accused-

petitioners.

Learned Public Prosecutor has vehemently opposed the bail

application.

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, both the bail applications filed under Sec.439

Cr.P.C. are allowed and it is directed that petitioners (1)

Mohammad Akram S/o Sh. Mohammad Azad & (2) Azhar Kadri @

Lucky S/o Shri Mohammed Salim shall be released on bail in

connection with FIR No.440/2021 of Police Station Kotwali, District

Bhilwara provided each of them executes a personal bond in a

sum of Rs.1,00,000/- with two sound and solvent sureties of

Rs.50,000/- 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

18-19 MS/-