Nathu Khan vs State Of Rajasthan
2021 Latest Caselaw 7551 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3616/2021

Nathu Khan S/o Akbar Khan, Aged About 29 Years, R/o Asada, Tehsil Pachpadra, Dist. Barmer. (Raj.). (Presently Lodged In Sub Jail, Aburoad/Sirohi).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ashok Kumar Panwar For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/03/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No. 185/2020 of

Police Station RIICO Aburoad, District Sirohi for the offences

punishable under Sections 384 of IPC and 67 of I.T. Act. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that on

account of some money dispute between the petitioner and

husband of the complainant, the petitioner has falsely been

implicated in this case. It is also submitted that so far as taking

obscene photos of the complainant and making them viral on

social media are concerned, they were done by one Yakub Khan

and not by the petitioner. It is further submitted that the

(2 of 2) [CRLMB-3616/2021]

petitioner is in judicial custody since long time, therefore, he may

be enlarged on bail.

Per contra learned Public Prosecutor has opposed the bail

application and submitted that earlier also the petitioner was

involved in similar type of activity with the complainant and in

relation to that an FIR was lodged against him at Police Station,

RIICO, Abu-Road, District Sirohi, wherein he was arrested and

charge-sheet was filed against him, however, after having been

released on bail, he is again indulged in the same activity and sent

nude photos of the complainant to her husband, brother-in-law

and other relatives, which resulted into humiliation of a married

lady. It is further submitted that the petitioner is not entitled to be

enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case, after going through the impugned order and looking

to the nature of accusation and gravity of the offence, without

expressing any opinion on the merits of the case, I am not inclined

to grant bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

75-Arun/-

Powered by TCPDF (www.tcpdf.org)