Barkat vs State Of Rajasthan
2022 Latest Caselaw 2531 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 2065/2022

Barkat S/o Shri Momin Ali @ Jakir, Aged About 21 Years, R/o
Mohammadpura, Nehru Colony, Nagaur, Police Station Kotwali
Nagaur, District Nagaur (Raj.)
     (At Present Lodged In District Jail, Nagaur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Varun Arora.
For Respondent(s)         :     Mr. Shrawan Bishnoi, P.P.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                          Judgment / Order

11/02/2022


     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.54/2021, Police Station Mahila Thana, District Nagaur, for the

offences punishable under Sections 384, 376(2)(N)(D) of the

Indian Penal Code.

     Learned counsel for the petitioner submits that a specific

allegation for committing rape was alleged against Rizwan.

Counsel further submits that co-accused Md. Juber has already

been enlarged on bail by the Coordinate Bench of this Court and

the case of present petitioner is not distinguishable from that of

the co-accused. The petitioner is in judicial custody and the trial of

the case will take sufficient long time. Therefore, the benefit of

bail should be granted to the accused-petitioner.


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                                         Learned Public Prosecutor has opposed the bail application.

                                         I have considered the arguments advanced before me and

                                   gone through the material available on record.

                                         Taking into account the facts and circumstances of the case,

                                   without commenting on the merits of the case, this Court deems it

                                   just and proper to release the petitioner on bail.


                                         Accordingly, the bail application under Section 439 Cr.P.C. is

                                   allowed and it is ordered that the accused-petitioner Barkat S/o

                                   Shri Momin Ali @ Jakir shall be enlarged on bail in F.I.R.

                                   No.54/2021, Police Station Mahila Thana, District Nagaur provided

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

                                   sureties of Rs.50,000/- each to the satisfaction of the learned trial

                                   Judge for his appearance before the court concerned on all the

                                   dates of hearing as and when called upon to do so.




                                                                                   (MANOJ KUMAR GARG), J.

100-Prashant/-

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