Mohd. Talim vs State Of Rajasthan
2021 Latest Caselaw 2820 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1465/2021

Mohd. Talim S/o Ramjan, Aged About 25 Years, By Caste Sabji Faros, R/o Ward No.23, Taranagar, Churu. (At Present Lodged At District Jail Churu.).

                                                                      ----Petitioner
                                     Versus
State Of Rajasthan
                                                                    ----Respondent


For Petitioner(s)          :     Mr. S.K. Verma
For Respondent(s)          :     Mr. Mahipal Bishnoi, P.P.



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

02/02/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.77/2020 of Police

Station Taranagar, District Churu for the offences punishable under

Sections 376-D, 365, 342, 323, 366-A and 34 IPC and Sections 5

and 6 of POCSO Act. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

prosecutrix (PW-1) and the complainant (PW-2) have not

supported the prosecution story and turned hostile and on the

basis of it, co-accused Shakil Khan has already been enlarged on

bail by a Coordinate Bench of this Court.

Learned Public Prosecutor has opposed the bail application,

however, he is not in a position to dispute the fact that the prosecutrix

(2 of 2) [CRLMB-1465/2021]

(PW-1) and the complainant (PW-2) have not supported the

prosecution story and turned hostile.

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 - Mohd. Talim

S/o Ramjan shall be released on bail in connection with FIR

No.77/2020 of Police Station Taranagar, District Churu 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),J

Abhishek Kumar S.No.59

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