Shakir Khan S/O Salim Khan Mewati vs State Of Rajasthan
2021 Latest Caselaw 1757 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               14753/2020

Shakir Khan S/o Salim Khan Mewati, R/o Prithvipura Ps
Kamkheda Dist. Jhalawar Raj. (At Present Petitioner Confined At
Dist. Jail Jhalawar)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Pranay Raj Singh Jhala For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.173/2020 was registered at Police Station

Kamkheda, Jhalawar, District Jhalawar (Raj.) for offence under

Section 376 I.P.C. and Section 5/6 of POCSO Act.

3. It is contended by counsel for the petitioner that from the

documents, it is revealed that prosecutrix is aged nineteen years

and three months. Whatever transpired between the prosecutrix

and petitioner, was a consensual act. In the FIR, the allegation is

with regard to consensual offence committed two years prior to

the filing of the present FIR. It is also contended that when the

consensual act came to the notice of the sister-in-law of

prosecutrix, FIR was lodged.

(2 of 2) [CRLMB-14753/2020]

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. 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 /9

Powered by TCPDF (www.tcpdf.org)