Citation : 2021 Latest Caselaw 7273 Raj
Judgement Date : 15 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1852/2021
Sharukh Ali S/o Ayub Ali, Aged About 19 Years, Aaslu, Dudhwakhas, District Churu (Rajasthan). (At Present Lodged In Jail, Churu).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Swaroop Singh For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.118/2020 of Police Station Dhudhwakhar, District
Churu for the offence(s) punishable under Section(s)
363, 366-A, 376(2)(N) IPC and Section 5L/6 of the
POCSO Act, 2012. He/she/they has/have preferred
this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegations of abduction and sexual assault, levelled
against the petitioner, are absolutely false. It is argued
that the prosecutrix went with the petitioner on her own
free will and visited with him at Jaipur, Mumbai etc. and
thereafter was apprehended by the police. It is further
submitted that age of the prosecutrix is more than 17
(2 of 2) [CRLMB-1852/2021]
years on the day of incident. It is submitted that charge-
sheet has been filed and trial of the case is likely to take
time.
Learned Public Prosecutor has opposed the bail
application(s).
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Sharukh Ali S/o Ayub Ali shall be released
on bail in connection with FIR No.118/2020 of Police Station Dhudhwakhar, District Churu provided
he/she/they execute(s) a personal bond in the 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/her/their 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
9-msrathore/-
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