HIGH COURT OF RAJASTHAN - HIGH COURT BENCH AT JAIPUR
MAHBOOB SON OF MUSTAQ – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 6308/2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 6308/2022
Mahboob Son Of Mustaq, R/o Jairoli, P.S. Tijara, Distt Alwar
Rajasthan
----Accused-Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s)
:
Mr. Mohd Shakir Khan
Mr. Ajay Kumar Sain
For Respondent(s)
:
Mr. S.S. Mehla, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
22/09/2022
1.
The present bail application has been filed under Section 438
Cr.P.C. in connection with FIR No.350/2021 registered at Police
Station Shekhpur Aheer, District Bhiwadi for the offence(s) under
Sections 143, 323, 341, 420, 384 & 394 of I.P.C.
2.
Learned counsel for the accused-applicant has submitted
that vide order dated 27.04.2022, conditional interim protection
was granted and in compliance of the same, the accused-applicant
has joined the investigation as directed. The interim order has
continued till date. Learned counsel has also submitted that the
co-accused in the matter are granted regular bail vide order dated
20.04.2022, 27.04.2022 and 07.06.2022.
3.
Learned Public Prosecutor has vehementaly opposed the bail
application. However, he has not refuted the fact that accused-
petitioner has joined the investigation.
(2 of 2)
[CRLMB-6308/2022]
4.
Considering the aforesaid, this Court deems it appropriate to
make order of interim protection dated 27.04.2022 absolute on
the ground that the petitioner has joined the investigation and co-
accused are enlarged on regular bail.
5.
Considering the contentions put-forth by the counsel for the
parties and looking to the overall facts and circumstances of the
case and material on record, but without expressing any opinion
on the merits of the case, this court deems it just and proper to
allow the anticipatory bail application, as the accused-applicant
has duly complied with the conditional interim protection order.
6.
Accordingly, the anticipatory bail application is allowed. The
S.H.O/I.O/Arresting Officer, Shekhpur Aheer, District Bhiwadi in
F.I.R. No.350/2021 is directed that in the event of arrest of the
accused-applicant-Mahboob Son Of Mustaq, he shall be released
on bail, 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/Arresting Officer of the concerned
Police Station on the following conditions:-
(i)
that the applicant shall make himself available
for interrogation by a police officer as and when
required;
(ii)
that the applicant 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 from disclosing such facts to
the court or any police officer, and
(iii)
that the applicant shall not leave India without
previous permission of the court.
(SAMEER JAIN),J
RAJAT KUMAR/19
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