A compromise between the parties and the stage of the trial can be considered when determining whether to grant bail under Section 439 CrPC.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17843/2022

Mohammed Shakir Qureshi S/o Shri Chuttan Qureshi, Aged

About 39 Years, Residence House No. 171, Darbar School Ke

Samne, Shahid Abdul Hameed Nagar, P.s. Thana-

Jhalupura,jaipur (At Present Accused Petitioner Confined In

Central Jail Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Mohd. Umar Farooq

For Respondent(s)

:

Mr. Shyam Prakash Sharma, PP

Mr. Anwar Khan

Mr. Sameer

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

11/01/2023

The petitioner has been arrested in connection with FIR

No.240/2022 of Police Station Jalupura, District Jaipur City

(North), for the offence punishable under Sections 376(2)(n), 384

IPC and Section 66E of IT Act (In order offence under Sections

376(2)(n), 384, 201 IPC and Section 66 of IT Act). He has

preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that challan of the case

has already been presented and compromise has also been

arrived at between the parties. The accused-petitioner is 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-petitioner.

(2 of 2)

[CRLMB-17843/2022]

Learned counsel for the complainant concurs the fact of

compromise arrived at between the parties, however, 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

petitioner under Section 439 Cr.P.C.

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

allowed and it is directed that petitioner Mohammed Shakir

Qureshi S/o Shri Chuttan Qureshi shall be released on bail in

connection with FIR No.240/2022 of Police Station Jalupura,

District Jaipur City (North) provided he 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 his

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

MS /23