HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 13871 / 2017
Zahiruddin Choudhary @ Totan S/o Shri Abdul Raoof Choudhary,
Aged About 30 Years, R/o Village Post Puratan, Village Uttar Pada,
PS Galasi, Distt. Vardhman, West Bengal, Presently Lodged in
Central Jail Jaipur.
—-Petitioner
Versus
State of Rajasthan Through P.P.
—-Respondent
__
For Petitioner(s) : Mr.Ajay Kumar Jain
For Respondent(s) : Mr.Rishi Raj Singh Rathore,PP
__
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Order
30/10/2017
1. Petitioner has filed this bail application under Section 439 of
Cr.P.C.
2. F.I.R. No.226/2017 was registered at Police Station Manak
Chowk, Jaipur for offence under Sections 406 I.P.C.
3. It is contended by the counsel for the petitioner that the
petitioner does not have criminal antecedents. There is delay of
six months in lodging the FIR. Charge-sheet has been filed in this
case. Trial would consume time. The matter is triable by First
Class Magistrate. Police has filed the charge-sheet under Section
406 IPC.
4. Learned Public Prosecutor has opposed the bail application.
His contention is that the petitioner has committed offence of
breach of trust. He has taken gold from the petitioner and has not
(2 of 2)
[CRLMB-13871/2017]
returned the same to the petitioner.
5. Considering the contentions put-forth by the counsel for the
petitioner, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is ordered
that the accused-petitioner shall be released on bail provided he
furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand
only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty
Five thousand only) each to the satisfaction of the learned trial
court with the stipulation to appear before that Court and any
court to which the matter is transferred, on all dates of hearing
and as and when called upon to do so.
(PANKAJ BHANDARI), J.
teekam/28