Irfan Jeera vs State
2021 Latest Caselaw 11648 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4702/2021

Irfan @ Jeera S/o Hussain Khan, Aged About 28 Years, R/o Mohalla Ghati Dungarpur Police Thana Kotwali, District Dungarpur. (At Present At Dist. Jail Dungarpur).

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

                                                                  ----Respondent


For Petitioner(s)         :    Mr. Jitendra Ojha
For Respondent(s)         :    Mr. S.S. Rajpurohit



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

27/07/2021

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.280/2020 of

Police Station Kotwali Dungarpur, District Dungarpur for the

offences punishable under Sections 363, 366, 376, 344 IPC and

Section 5/6 of POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

statements of the victim have now been recorded before the trial

court wherein, she has simply stated that the petitioner took her

in the street and, thereafter, touched her clothes. Learned counsel

for petitioner has further submitted that from the above, it is clear

that the petitioner has not attempted to commit rape upon her.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-4702/2021]

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 Irfan @ Jeera

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

No.280/2020 of Police Station Kotwali Dungarpur, District

Dungarpur 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

110-Arun/-

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