Mosin Khan S/O Nisar Mohammad vs State Of Rajasthan
2022 Latest Caselaw 4235 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

  S.B. Criminal Miscellaneous 2nd Bail Application No. 6376/2022

Mosin Khan S/o Nisar Mohammad, Aged About 23 Years, R/o
Movatitola, Kagadi Devra, District Bundi ( Accused Petitioner
Confined In Bundi Jail)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Petitioner(s)          :     Mr. Kumud Singh
                                 Mr. Mohd. Haris
For Respondent(s)          :     Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

27/06/2022 This bail application has been filed under Section 439 of

Cr.P.C. in connection with FIR No. 191/2021 registered at Police

Station Kotwali, District Bundi, for the offence under Section 363,

366-A, 376-DA of IPC and Sections 5/6 & 16/17 of POCSO Act.

It is submitted by learned counsel for the petitioner that the

petitioner is behind the bars since 01.10.2021 and charge-sheet

has been filed. The prosecutrix had gone with petitioner with her

own free will and no case is made out against him. Statement of

the prosecutrix and her mother has been recorded before the

learned Trial Court and it shows that age of the prosecutrix is

about 21 years. Hence, the accused-petitioner may be released on

bail.

Learned Public Prosecutor has opposed the second bail

application.

(2 of 2) [CRLMB-6376/2022]

During the course of argument, learned counsel for the

petitioner has placed reliance upon the Hon'ble Bombay High

Court bail order dated 09.01.2020, passed in CRLMB No.

2632/2019 'Anirudha Radheyshyam Yadav v/s The State of

Maharashtra'.

Heard and perused the material and judgment relied upon on

record.

The first bail application of the petitioner was dismissed vide

order dated 11.02.2022 after filing of charge-sheet with liberty to

file afresh after recording the statement of the prosecutrix. As per

that order, the prosecutrix is 16 years of age and as per her school

certificate, her date of birth is 09.10.2005 and she is minor.

During the course of trial, statements of the prosecutrix and her

mother have been recorded as PW-2 and PW-1 and both are not

hostile witnesses.

Therefore, looking to the overall facts & circumstances of the

case and gravity of the offence, but without expressing any

opinion on the merits/demerits of the case, I deem it not proper to

enlarge the petitioner on bail.

Accordingly, the second bail application under Section 439 of

Cr.P.C. is dismissed.

(CHANDRA KUMAR SONGARA),J

PAYAL/5

Powered by TCPDF (www.tcpdf.org)