Mohammed Abu Ubbed @ Sohail vs State Of Rajasthan
2021 Latest Caselaw 10588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 6694/2021

Mohammed Abu Ubbed @ Sohail S/o Shri Niyaz Mohammed, Aged 18 Years, R/o Chamanpura Street No. 4, Nai Sarak, Police Station Sadar Bazar, Jodhpur.

(Presently Lodged At Central Jail Jodhpur).

----Petitioner Versus State Of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Arpit Samaria
For Respondent(s)        :     Mohd. Javed Gauri, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

12/07/2021

The petitioner has been arrested in connection with FIR

No.39/2021 of Police Station Sadar Bazar, District Jodhpur for the

offences punishable under Sections 341, 323, 363, 354, 366, 120-

B, 376(2)(N), 376(3) of IPC and Section 3, 4, 5 (L), 6, 7, 8,

16,17, 18 of POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner(s) has submitted that first

bail application of the petitioner was rejected with liberty to him to

file fresh bail application after filing of charge-sheet. It is

submitted that though in the statements of prosecutrix recorded

under Section 161 Cr.P.C. in Police Station, she has alleged that

petitioner had abducted and sexually assaulted her but, later on,

statements of prosecutrix recorded under Section 164 Cr.P.C.,

(2 of 2) [CRLMB-6694/2021]

wherein, she stated that petitioner did not commit anything wrong

with her and not sexually assaulted her. Learned counsel for the

petitioner has further stated that charge-sheet has been filed

therefore, benefit of bail may be granted to the petitioner.

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(s) 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 Mohammed Abu

Ubbed @ Sohail S/o Shri Niyaz Mohammed, shall be released on

bail in connection with FIR No. No.39/2021 of Police Station Sadar

Bazar, District Jodhpur provided he execute 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 94-amit/-

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