Rasul Kathat vs State Of Rajasthan
2021 Latest Caselaw 6038 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2573/2021

Rasul Kathat S/o Shakrudeen Merat, Aged About 35 Years, Shyampura Nadna, Police Station Sendra, District Pali (Raj.). (Presently Lodged In Sub Jail, Bali Dist. Pali).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2066/2021 Kailash Kathat S/o Chotu Kathat, Aged About 32 Years, Sodpura Nadna, Police Station Sendra, District Pali (Raj.). (Presently Lodged In Sub Jail Bali Dist. Pali).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Vineet Jain
                               Mr. Ashok Panwar
For Respondent(s)        :     Mr. SS Rajpurohit, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

01/03/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.14/2021 of

Police Station Khiwada District Pali for the offences punishable

under Sections 342, 363, 366, 376(2), 120B IPC. They have

preferred these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

petitioners have falsely been implicated in this case. It is argued

that the prosecutrix was engaged to co-accused Suresh and the

main allegation of abduction is against Suresh only. It is submitted

that prosecutrix is not known to the petitioners and she has

levelled allegation against the petitioners on the basis of doubt.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioners under Section

439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Rasul Kathat

S/o Shakrudeen Merat and Kailash Kathat S/o Chotu Kathat shall

be released on bail in connection with FIR No.14/2021 of Police

Station Khiwada District Pali provided each of them 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

Surabhii/44-45-

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