Than Singh S/O Sh. Nakshtrapal ... vs The State Of Rajasthan

Citation : 2021 Latest Caselaw 2577 Raj/2
Judgement Date : 5 July, 2021

Rajasthan High Court
Than Singh S/O Sh. Nakshtrapal ... vs The State Of Rajasthan on 5 July, 2021
Bench: Pankaj Bhandari
          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                8988/2021

Than Singh S/o Sh. Nakshtrapal Singh, Aged About 30 Years,
R/o Karimpur Pachtaur, Post Miyau, Tehsil And District Badayu
(U.p.) (At Present Confined In Central Jail Sewar District
Bharatpur) (At Present Confined In Central Jail Sewar District
Bharatpur)
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mr. Anil Mahala, through VC For State : Mr. Sher Singh Mahla, PP Investigating Officer : Mr. Mahaveer Prasad (S.I.), P.S. Ucchain, District Bharatpur HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/07/2021

1. Petitioner has filed this bail application under Section 439 Cr.P.C.

2. F.I.R. No.336/2020 was registered at Police Station Ucchain, District Bharatpur for offence under Sections 363 and 366 I.P.C.

3. It is contended by counsel for the petitioner that the mobile number given in the FIR does not belong to the petitioner. Petitioner is in custody from 22.03.2021. It is also contended that girl has not been recovered as yet.

4. It is contended by Investigating Officer that from the CDR, it is evident that the girl was taken to the petitioner and petitioner (Downloaded on 07/07/2021 at 09:37:20 PM) (2 of 2) [CRLMB-8988/2021] has helped the co-accused Sanket in commission of the offence. It is admitted by the Investigating Officer that the age of the girl is 17 and a half years.

5. Learned Public Prosecutor has opposed the bail application.

6. I have considered the contentions.

7. The allegation against the petitioner is of helping the co- accused-Sanket. The girl is nearing the age of majority. As Petitioner has remained in custody for a period of more than three months, it would be futile to keep him in custody till the girl is traced.

8. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

9. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J NIKHIL KR. YADAV /6 (Downloaded on 07/07/2021 at 09:37:20 PM) Powered by TCPDF (www.tcpdf.org)