Rajasthan High Court - Jodhpur
Murad Ali vs State Of Rajasthan on 2 June, 2021
Bench: Vijay Bishnoi Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5627/2021
Murad Ali S/o Sh. Usman Khan, Aged About 44 Years, B/c Sindhi
Musalman, R/o Sindhiyo Ka Mohalla, Khanda Falsa, Jodhpur,
Dist. Jodhpur Metro. (Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Chouhan (through VC)
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE)
Judgment / Order
02/06/2021
Heard learned counsel for the petitioner through VC as well
as learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in FIR No.79/2021 of Police
Station Dev Nagar District Jodhpur for the offences punishable
under Sections 363, 363-A, 506, 354, 354-A, 354-G, 376[2][n] of
IPC and under Sections 7/8, 11/12, 5[L]/6 of POCSO Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegations against the petitioner of abduction and sexual assault
of minor daughter of the complainant are absolutely false. It is
argued that earlier a missing person report was lodged by the
complainant and in those proceedings, the prosecutrix appeared
before the police and has specifically given statements that she
has not been abducted by anybody and no incident of abduction
(2 of 2) [CRLMB-5627/2021]
and sexual assault took place with her, however later on, the
statements of minor daughter of the complainant were recorded
under Section 164 CrPC also wherein, she has specifically stated
that she left her house as per her own free will and nobody
abducted or commit anything wrong with her, but later on, when
the daughter of the complainant returned to her house, this false
FIR has been lodged by the complainant and his minor daughter
was forced to level false allegations against the petitioner. It is
further submitted that charge-sheet has been filed and trial of the
case will take time.
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 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 Murad Ali S/o
Sh. Usman Khan shall be released on bail in connection with FIR
No.79/2021 of Police Station Dev Nagar District Jodhpur 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),VJ
Surabhii/17-
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