Sohbat @ Sobat Khan vs State Of Rajasthan
2022 Latest Caselaw 5458 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4099/2022

Sohbat @ Sobat Khan S/o Osman Khan, Aged About 27 Years, R/o Khiyani, Sahmir Ka Par, P.s. Gadra Road, Dist. Barmer.

(At Present Lodged In Dist. Jail, Barmer).

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


For Petitioner(s)          :     Mr. R.J. Punia.
For Respondent(s)          :     Mr. Laxman Solanki, P.P.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                           Judgment / Order

12/04/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.8/2022, Police Station Gadra Road, District Barmer, for the

offences punishable under Sections 458, 376(2)(n) & 312 I.P.C.

Learned counsel for the petitioner submits that the

prosecutrix in her statement recorded under Section 164 Cr.P.C.

has deposed that she was in contact with the petitioner since

about five to six years and the petitioner usually used to visit her

house since about five years. If anything happened, that was with

the consent of prosecutrix. The accused-petitioner is in judicial

custody and the trial of the case will take sufficient long time to be

concluded. Therefore, the benefit of bail should be granted to the

accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-4099/2022]

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, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Sohbat @ Sobat Khan S/o

Osman Khan, shall be released on bail in connection with F.I.R.

No.8/2022, Police Station Gadra Road, District Barmer, provided

he executes a personal bond in the sum of Rs.1,00,000/- with two

sound and solvent surety of Rs. 50,000/- 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.

(MANOJ KUMAR GARG),J 90-prashant/-

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