High CourtsSingle Bench(2022) 07 RAJ CK 0056

Amjad Mansuri vs State Of Rajasthan

Rajasthan High Court · Decided on 25 July 2022

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 5648 Of 2022

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Judgment

5 paragraphs · 307 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 150/2022 of Police Station Pratap Nagar, District Bhilwara for the offence punishable under Sections 450, 451, 323, 376 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that earlier the present petitioner had filed an FIR against the husband of the prosecutrix for beating him. The petitioner was injured and he was admitted in hospital. In the said case, charge-sheet was filed against the husband of the prosecutrix. He further submits that prosecutrix is a major lady in defence of her husband lodged an FIR after considerable delay and this delay has not at all been explained by the prosecutrix. Challan of the case has already been presented and no investigation is pending. 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.

Learned Public Prosecutor has 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 Amjad Mansuri S/o Iqbal Mansuri, shall be released on bail in connection with FIR No. 150/2022 of Police Station Pratap Nagar, District Bhilwara 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.