HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7892/2019
1. Shahid Rja S/o Shabir Ahmad, Aged About 25 Years,
Nagaur
2. Shabir Ahmad S/o Najamudin, Aged About 70 Years,
Nagaur
3. Mustafa Raja S/o Shabir Ahmad, Aged About 28 Years,
Nagaur
4. Mariam Bano W/o Shabir Ahmad, Aged About 60 Years,
Nagaur
5. Gani Khan S/o Jamaludin Khan, Aged About 70 Years,
Nagaur
6. Jamil Ahmad S/o Gani Khan, Aged About 40 Years,
Nagaur
7. Mohammad Raja S/o Gani Khan, Aged About 25 Years,
Nagaur
8. Iliyas S/o Gani Khan, Aged About 20 Years, B/c Sherani
R/o Sherani Aabad, Ps Khunkhuna, Tehsil Didwana,
District Nagaur
—-Petitioners
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Javed Hussain
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. Rajak Khan, for complainant
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HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/07/2019
Heard learned counsel for the parties and perused the
material available on record.
The petitioners apprehend their arrest in connection with
FIR No.163/2017 of Police Station Khunkhuna, Distt. Nagaur
for the offences punishable under Sections 147, Section148, Section149,
Section452, Section323, Section336, Section498A, Section354, Section406 and Section341 IPC.
At the outset, learned counsel for the petitioners has
submitted that he does not want to press the anticipatory bail
application preferred on behalf of petitioner No.1 – Shahid
Rja S/o Shabir Ahmad.
Accordingly, the anticipatory bail application preferred on
behalf of petitioner No.1- Shahid Rja S/o Shabir Ahmad is
dismissed as not pressed.
So far as petitioner Nos.2 to 8 are concerned, it is
submitted by learned counsel for the petitioners that since a
matrimonial dispute is going on between petitioner No.1 –
Shahid Rja and his wife, several relatives from both the
parties hold a meeting for settlement of the matrimonial
dispute, however, during deliberations, some altercation took
place between them, in which, both the parties scuffled with
each other and received injuries. Learned counsel for the
petitioners has submitted that the allegation regarding
preparation of commission of offence levelled against the
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petitioners is false and such incident took place suddenly
during the course of deliberations between the parties.
Learned Public Prosecutor as well as learned counsel for
the complainant have 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
anticipatory bail to the petitioner Nos.2 to 8 under Section
438 Cr.P.C.
Accordingly, the bail application under Section 438
Cr.P.C. preferred on behalf of petitioner Nos.2 to 8 is allowed
and it is directed that in the event of arrest of the petitioner
Nos.2 to 8 namely Shabir Ahmad S/o Najamudin,
Mustafa Raja S/o Shabir Ahmad, Mariam Bano W/o
Shabir Ahmad, Gani Khan S/o Jamaludin Khan, Jamil
Ahmad S/o Gani Khan, Mohammad Raja S/o Gani Khan
and Iliyas S/o Gani Khan in FIR No.163/2017 of Police
Station Khunkhuna, Distt. Nagaur, they shall be enlarged on
bail provided each of them furnishes a personal bond in the
sum of Rs.50,000/- each with two sound and solvent sureties
of Rs.25,000/- each to the satisfaction of the concerned
I.O./S.H.O. on the following conditions:-
(i) that the petitioner(s) shall make
himself/herself/themselves available for
interrogation by a police officer as and when
required;
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(ii) that the petitioner(s) shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to
the court or any police officer; and
(iii) that the petitioner(s) shall not leave India
without previous permission of the court.
(VIJAY BISHNOI),J
141-msrathore/-
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