HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5627/2021 Murad Ali S/o Sh. Usman Khan, Aged About 44 Years, B/c Sindhi Musalman, R/o Sindhiyo Ka Mohalla, Khanda Falsa, Jodhpur, Dist. Jodhpur Metro. (Lodged In Central Jail, Jodhpur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Vikas Chouhan (through VC) For Respondent(s) : Mr. AR Choudhary, PP HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE) Judgment / Order 02/06/2021 Heard learned counsel for the petitioner through VC as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.79/2021 of Police Station Dev Nagar District Jodhpur for the offences punishable under Sections 363, 363-A, 506, 354, 354-A, 354-G, 376[2][n] of IPC and under Sections 7/8, 11/12, 5[L]/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegations against the petitioner of abduction and sexual assault of minor daughter of the complainant are absolutely false. It is argued that earlier a missing person report was lodged by the complainant and in those proceedings, the prosecutrix appeared before the police and has specifically given statements that she has not been abducted by anybody and no incident of abduction (Downloaded on 04/06/2021 at 08:12:29 PM) (2 of 2) [CRLMB-5627/2021] and sexual assault took place with her, however later on, the statements of minor daughter of the complainant were recorded under Section 164 CrPC also wherein, she has specifically stated that she left her house as per her own free will and nobody abducted or commit anything wrong with her, but later on, when the daughter of the complainant returned to her house, this false FIR has been lodged by the complainant and his minor daughter was forced to level false allegations against the petitioner. It is further submitted that charge-sheet has been filed and trial of the case will take time.
Learned Public Prosecutor has 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 bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Murad Ali S/o Sh. Usman Khan shall be released on bail in connection with FIR No.79/2021 of Police Station Dev Nagar District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),VJ Surabhii/17-
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