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HIGH COURT OF JUDICATURE FOR RAJASTHAN
NARENDRA SINGH DHADDHA
TOSHIB AHMAD S/O SHRI SALEEM AHMAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/20078/2021



THE COURT CAN ENLARGE AN ACCUSED ON BAIL CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE.

Headnote:

BAIL - SECTION 439 CRPC - OFFENCE UNDER SECTION 419, 420, 120B AND SECTION 66D IT ACT - BAIL GRANTED CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE.

Fact of the Case:

THE PETITIONER WAS ARRESTED IN CONNECTION WITH FIR NO.25/2021 REGISTERED AT POLICE STATION SPECIAL CRIME AND CYBER CRIME, COMMISSIONERATE JAIPUR, DISTRICT DEPUTY COMMISSIONER CRIME COMMISSIONERATE, JAIPUR FOR THE OFFENCE(S) UNDER SECTION 419, 420, 120B AND SECTION 66D IT ACT.

Finding of the Court:

THE COURT CONSIDERED THE CONTENTIONS PUT-FORTH BY THE COUNSEL FOR THE PETITIONER AND TAKING INTO ACCOUNT THE FACTS AND CIRCUMSTANCES OF THE CASE AND WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE, DEEMED IT JUST AND PROPER TO ENLARGE THE PETITIONER ON BAIL.

Issues: WHETHER THE PETITIONER SHOULD BE ENLARGED ON BAIL.

Ratio Decidendi: THE COURT GRANTED BAIL TO THE PETITIONER CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE.

Final Decision: THE PETITIONER WAS ENLARGED ON BAIL ON FURNISHING 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.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case is from the High Court of Rajasthan, Jaipur Bench, concerning an application for bail filed by Toshib Ahmad ( (!) (!) (!) (!) (!) (!) (!) ).

  2. The petitioner, Toshib Ahmad, is accused of offenses under Sections 419, 420, 120B of the Indian Penal Code and Section 66D of the IT Act, and was arrested in connection with FIR No.25/2021 registered at the Police Station Special Crime and Cyber Crime, Jaipur ( (!) (!) (!) (!) ).

  3. The petitioner has been in custody since October 28, 2021, and charges have been filed against him. The offense is triable by a Magistrate, and the trial is expected to take a considerable amount of time ( (!) (!) (!) (!) ).

  4. The counsel for the petitioner argued that he has been wrongly implicated and emphasized the lengthy trial process, which supports the case for bail ( (!) (!) (!) (!) ).

  5. The Public Prosecutor opposed the bail application ( (!) ).

  6. The court considered the contentions and the circumstances of the case, and without expressing any opinion on the case's merits, deemed it appropriate to grant bail ( (!) (!) (!) (!) ).

  7. The court ordered the petitioner to furnish a personal bond of Rs.50,000 and two sureties of Rs.25,000 each, to be approved by the trial court, for his release on bail ( (!) (!) (!) (!) ).

  8. The order was passed by Hon'ble Mr. Justice Narendra Singh Dhaddha on January 4, 2022 ( (!) ).

These points summarize the essential aspects of the bail order and the reasoning behind the court's decision.


HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 20078/2021

Toshib Ahmad S/o Shri Saleem Ahmad, Aged About 30 Years,

R/o Jaidipur Ps Madhoganj Dist. Hardoi U.p. At Present Ikbal

Siddki Ke Kiraye Ka Makan 368/20/2/19 Lakadmandi Sadatganj

U.p. (At Present Accused Petitioner Confined In Central Jail

Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rajesh Kumar Sharma,

Mr. Anil Vaishnav

For Respondent(s)

:

Mr. Sher Singh Mahla, PP.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

04/01/2022

1.

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.25/2021 Registered at Police Station Special Crime and Cyber

Crime, Commissionerate Jaipur, District Deputy Commissioner

Crime Commissionerate, Jaipur for the offence(s) under Section

419, 420, 120B and Section 66D IT Act.

2.

Counsel for the petitioner submits that the petitioner has

been wrongly implicated in this case. Petitioner is behind the bars

since 28.10.2021. Chargesheet has been filed against the

petitioner. Offence against the petitioner is triable by Magistrate.

Conclusion of trial may take long time.

3.

Learned Public Prosecutor has opposed the bail application.

(2 of 2)

[CRLMB-20078/2021]

4.

Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

5.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Toshib

Ahmad S/o Shri Saleem Ahmad 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 for his appearance before the court concerned

on all the dates of hearing as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Seema/62

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