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BABU IRANI v STATE - CRLMB Case No. 5847 of 2006  RD-RJ 2946 (28 November 2006)
In the High Court of Judicature for Rajasthan
Jaipur Bench, Jaipur
S.B. Criminal Misc. Bail Application No.5847/06
Babu Irani Vs. State of Rajasthan
Date Of Order :: 29th November, 2006
Hon'ble Mr. Justice Jitendra Ray Goyal
Mr. N.A. Naqvi, counsel for petitioner.
Mr. R.P. Kuldeep, Public Prosecutor for State.
Mr. Awadesh Purohit, counsel for complainant. ....................
Heard learned counsel for accused petitioner as well as complainant, learned
Public Prosecutor for the State, perused the case diary and other material produced during the course of arguments.
It is contended on behalf of the accused petitioner that the alleged incident is of 3:30 pm on 22/7/2006, Jaipur while the accused petitioner was in Kota on that day and he went to police station Kishorepura for lodging a report against one Husn Bano which is not only clear from the record of Kishorepura
Police Station but also from the statement given by the in-charge of Police Station Kishorepura during the investigation. It is also submitted that the accused petitioner is a member of the management committee of the mosque at Kota and this FIR has been lodged at the instance of one
Husn Bano against whom the accused petitioner and other persons lodged the complaint in the
Police Station. It is also submitted that he has already been interrogated in this matter.
Learned Public Prosecutor and counsel appearing for the complainant opposed the bail application.
Without making any observation on merits, having considered the rival submissions made at the bar, nature of accusation, material on record, entire facts circumstances and also keeping in view the record of the Police Station
Kishorepura, Kota as well as the investigation made by the Investigating Officer from the in- charge of Kishorepura, Kota wherein it has categorically came out that on 22/7/2006 the accused petitioner Babu Irani at about 12'o clock in the noon came at Police Station
Kishorepura, Kota along with 4-5 other persons to lodge a complaint against one Husn Bano and this incident is alleged to have occurred on 22/7/2006 at about 3:30 pm at Jaipur, I deem it proper to grant the benefit of pre-arrest bail to accused petitioner Babu Irani.
In the result, the bail application is allowed and it is directed that in the event of arrest of petitioner Babu Irani S/o. Mohd. Safi, he shall be released on bail by the concerned
SHO/Investigating Officer in FIR No.275/2006 registered at Police Station Manakchok, Jaipur provided he furnishes a personal bond in the sum of Rs.10,000/- together with two sureties each in the sum of Rs.5,000/- to the satisfaction of the concerned SHO/Investigating Officer on the following conditions :- 1. that he shall make himself available for interrogation by a police officer as and when required; 2. that he 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 them from disclosing such facts to the Court or any police officer; and 3. that he shall not leave India without previous permission of the Court.
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