HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Bail Application No. 7585/2021

Aamin S/o Khursheed, Aged About 32 Years, R/o Ward No. 05,

Chak 8 M.M.K., Kikarwarwali, Tehsil Sangria, District

Hanumangarh, Rajasthan. (Presently Lodged At Sub Jail

Suratgarh).

----Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

Connected With

S.B. Criminal Misc. Bail Application No. 8114/2021

1. Mohd. Subhan S/o Shri Sawan Khan, Aged 22 Years, Resident

Of Kikarwali, Tehsil Sangeriya, District Hanumangarh (Raj.). (At

Present Lodged Sub Jail Karanpur).

2. Allahdeen S/o Shri Hussain Mohd.,, Aged 22 Years, Resident

Of Kikarwali, Tehsil Sangariya, District Hanumangarh (Raj.). (At

Present Lodged Sub Jail Karanpur).

----Petitioners

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr. Baltej Singh through VC

Mr. K.V Vyas through VC

For Respondent(s)

:

Mr. A.R Choudhary, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/07/2021

(2 of 3)

[CRLMB-7585/2021]

The present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners, who are in judicial custody

in connection with F.I.R. No. 91/2021, Police Station Suratgarh

Sadar, District Sriganganagar, registered for the offence under

Sections 392/34 of the Indian Penal Code and under Section 27 of

the Arms Act.

Heard and considered the arguments advanced by the

learned counsel for the petitioners through video conferencing and

learned Public Prosecutor, present-in-person. Perused the material

available on record.

Learned counsel for the petitioners appearing through video

conferencing stated that offences are triable by the Magistrate; no

recovery or investigation is pending against the accused-

petitioners; benefit of bail has been granted by the co-ordinate

Bench of this Court to the co-accused Balvinder Singh @ Devendra

Singh. With these submissions, learned counsel for the petitioners

prayed that the benefit of bail may be granted to the accused-

petitioners.

Per contra, learned Public Prosecutor has opposed the bail

application and stated that eight boxes of country liqour had been

recovered from each of the accused-petitioner and accused-

petitioners had stolen Rs.5500/-. Learned Public Prosecutor

further stated that two other cases are registered against the

accused-petitioner Mohd. Subhan.

Having regard to the facts and circumstances of the case,

particularly to the facts that offences are triable by the Magistrate;

benefit of bail has already been granted by the Co-ordinate Bench

of this Court to the co-accused Balvinder Singh @ Devendra Singh

(3 of 3)

[CRLMB-7585/2021]

(Bail Application No.7171/2021) vide order dated 04.06.2021 and

the trial will take sufficiently long time, therefore, without

expressing any opinion on the merits/demerits of the case, this

Court is of the opinion that the bail application filed by the

petitioners deserves to be accepted.

Consequently, the bail applications are allowed. It is ordered

that the accused-petitioners No.1. - Aamin S/o Khursheed, (2).

- Mohd. Subhan S/o Shri Sawan Khan, (3). - Allahdeen S/o

Shri Hussain Mohd., arrested in connection with F.I.R. No.

91/2021, Police Station Suratgarh Sadar, District

Sriganganagar, shall be released on bail, if not wanted in any

other case; provided each of them furnish a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial Court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(DEVENDRA KACHHAWAHA),J

24-25/-Akshay/-