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Zahiruddin Choudhary vs State Of Rajasthan Through Pp on 30 October, 2017

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.
State of Rajasthan Through P.P.

For Petitioner(s) : Mr.Ajay Kumar Jain
For Respondent(s) : Mr.Rishi Raj Singh Rathore,PP

1. Petitioner has filed this bail application under Section 439 of


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)

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.



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