Citation : 2021 Latest Caselaw 15313 Raj
Judgement Date : 1 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11050/2021
Nasar Khan @ Nasrudeen S/o Shri Sadik @ Saradeen, Aged About 28 Years, R/o Nai Bhikhodai, Police Station Falsund, District Jaisalmer (At Present Lodged In Sub Jail Pokaran, District Jaisalmer)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr Deepak Menaria, Mr O.P. Godara For Respondent(s) : Mr Javed Gauri, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment / Order
01/10/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner who is in custody in connection
with F.I.R. No.30/2021, Police Station Falsund, District Jaisalmer
for the offences under Sections 376, 376(2)(n), 384 IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the
prosecutrix is widow aged 23 years. After investigation, the charge
sheet has been filed for offence under Sections 376, 376(2)(n),
384 IPC, on the basis of statement given by the prosecutrix which
are not reliable.
The learned Public Prosecutor opposed the bail.
(2 of 2) [CRLMB-11050/2021]
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced, particularly the
nature of statements made by the prosecutrix, this Court deems it
fit to enlarge the petitioner on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Nasar Khan @ Nasrudeen S/o Sadiq @
Saradeen arrested in connection with F.I.R. No.30/2021 P.S.
Falsund, District Jaisalmer shall be released on bail; provided he
furnishes a personal bond of Rs.1,00,000/- with two surety bonds
of Rs.50,000/- each to the satisfaction of the learned trial court
with the stipulation to appear before that Court on all dates of
hearing and as and when called upon to do so.
(RAMESHWAR VYAS),J
32-MMA/-
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