Rajasthan High Court - Jodhpur
Shohar Ali @ Babul @ Bablo vs State on 25 October, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 5238 / 2017
Shohar Ali @ Babul @ Bablo S/o Noor Hussain, By Caste
Musalman, R/o Ghughdva Post Rajmita P.S. Lakipur, District
Govalpura Aasam.
(At Present Lodged in Sub- Jail, Rajgarh)
----Petitioner
Versus
State of Rajasthan.
----Respondent
Connected With
S.B. Criminal Misc. Bail No. 8740 / 2017
Kuldeep Son of Shri Dharam Singh @ Dharampal, By Caste
Meghwal, Resident of Nahla, Bhuna Police Station, District
Fatehabad (Haryana).
(Lodged in Sub Jail, Rajgarh)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. R.K. Charan & Mr. Gaurav Singh.
For Respondent(s) : Mr. K.V. Vyas, PP.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 25/10/2017 Arrested pursuant to investigation into FIR No.331/2015 of Police Station Rajgarh, District Churu for alleged offence under Sections 366, 368, 370, 370-A/2, 376(D) and 120-B IPC, petitioners, Sohar Ali @ Babul @ Bablo and Kuldeep, have laid these two separate applications under Section 439 Cr.P.C. for releasing them on bail.
(2 of 3) [ CRLMB-5238/2017 & 8740/2017] It is argued by learned counsel that though the allegations against petitioners are for serious offences viz., kidnapping, wrongfully concealing or confining, exploitation of trafficked persons and rape, but for substantiating these allegations both the victims (prosecutrix) have not appeared to tender their evidence in Sessions Case No.31/2015, pending before Addl. District & Sessions Judge, Rajgarh, District Churu (for short, 'learned trial Court'). It is also argued by learned counsel that despite sending repeated summons and bailable warrants, both the victims, viz., "Ms. M" and "Ms. S", have not turned up for deposing before the Court and now the learned trial Court has declined to summon them for their evidence by its order dated 20.09.2017. It is submitted by learned counsel that petitioners, Sohar Ali @ Babul @ Bablo and Kuldeep, are in custody since 27.04.2016 and 02.03.2017 respectively, therefore, their bail applications merit favourable consideration. Learned counsel has also submitted that co-accused, Noor Islam @ Alam, has already been enlarged on bail vide order dated 15.02.2017.
Learned Public Prosecutor has vehemently opposed the bail applications of petitioners.
Having regard to the facts and circumstances of the case and taking into account a very vital fact that learned trial Court has declined to summon both the victims to tender their evidence and considering the prolonged incarceration of petitioners, without expressing any opinion on merits of the case, I feel persuaded to enlarge the petitioners on bail.
(3 of 3) [ CRLMB-5238/2017 & 8740/2017] Accordingly, both the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners, (1) Shohar Ali @ Babul @ Bablo S/o Noor Hussain, and (2) Kuldeep S/o Shri Dharam Singh @ Dharampal, arrested in connection with F.I.R. No.331/2015 of Police Station Rajgarh, District Churu, may be released on bail; provided each one of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each, including one local surety, to the satisfaction of 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.
(P.K. LOHRA)J. a.asopa/-14-15