SB Crlmb No.4721/10 v. State of Rajasthan

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.C. Jain for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner was denied bail by the trial court on the premise that another criminal case was registered against him being FIR No.82/2010 whereas, that was another person with the same name whose father's name is different. Learned counsel has drawn the attention of the court towards the contents of the said FIR which is produced on record indicating father's name of another accused as Hanif Meo whereas, petitioner is son of Noor Mohammad Mev, offence is triable by the Magistrate of Ist Class, petitioner is in jail SB Crlmb No.4721/10. 2 since 6/5/2010 and there is no other criminal case pending against the petitioner. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Mubeen S/o Shri Noor Mohammad shall be released on bail in FIR No.71/2010 P.S. Govindgarh, District Alwar for offence u/Ss.420 and 511 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence in future, prosecution will be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J.