Shahrukh vs State
2021 Latest Caselaw 11756 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9161/2021

Shahrukh S/o Liyakat Khan, Aged About 22 Years, Sahjusar Tehsil And District Churu. (At Present Lodged In Churu Jail).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

28/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.46/2021 registered at Police Station,

Mahila Thana, District Churu for offence under Section(s) 341,

354(A), 354(D), 376(2)(n), 506 & 509 of IPC and Section 5(L)6 of

the POCSO Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the petitioner

is running Cafe where the alleged incident of rape is said to have

been committed by the co-accused with the prosecutrix. There is

no other allegation in the entire charge-sheet as against the

petitioner. The charge-sheet has already been filed.

Learned Public Prosecutor opposes the bail application and

submits that the petitioner had provided Sofa Sets in the Cafe.

(2 of 2) [CRLMB-9161/2021]

I have considered the submissions.

Taking into consideration the nature of allegations as against

the petitioner and the charge-sheet has already been filed but

without commenting further on merits of the case, I deem it just

and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner - Shahrukh S/o Liyakat Khan, be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR provided the petitioner furnishes a personal bond of

Rs.20,000/- with one surety in the like amount to the satisfaction

of the concerned Magistrate with the stipulation that he shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

13-1/-saurabh

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