Citation : 2021 Latest Caselaw 2411 Raj/2
Judgement Date : 10 June, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
8013/2021
Hanish Mohammad @ Shanu Khan S/o Shri Lal Mohammad, R/o
Indra Colony Talera Dist. Bundi Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dushyant Singh Naruka through VC For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.)
Judgment / Order
10/06/2021
1. Petitioner has filed this bail application under Section 438 of
Cr.P.C.
2. F.I.R. No.53/2021 was registered at Police Station,
Kaithoonipol Kota City for offence under Sections 376(2), 292, 366
I.P.C. and Sections 67, 67(A), 84© of Information Technology Act.
3. It is contended by the counsel for the petitioner that
prosecutrix is a married lady who was in consensual relationship
with the petitioner.
4. Counsel for the petitioner has drawn my attention towards
the various photographs of petitioner with the prosecutrix which
points towards consensual relationship between the two.
5. Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-8013/2021]
6. I have considered the contentions.
7. Considering the contention put forth by counsel for the
petitioner, the anticipatory bail application is allowed.
8. The Anticipatory Bail Application is allowed. The
S.H.O./I.O./Arresting Authority, Police Station Kaithoonipol Kota City in F.I.R.
No. 53/2021 is directed that in the event of arrest of the petitioner he 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 his satisfaction on the following conditions:-
(I). that the petitioner shall make himself available for
interrogation by a police officer as and when required;
(ii). that the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or any police officer, and
(iii). that the petitioner shall not leave India without previous
permission of the Court.
(PANKAJ BHANDARI (V.J.)),J
ARTI SHARMA /28
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