Rajasthan High Court - Jodhpur
Mitthu Khan vs State Of Rajasthan on 3 December, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10966/2020
Mitthu Khan S/o Shri Gafoor Khan, Aged About 25 Years, R/o
Barawalo Ka Kheda, Thana Kareda, Dist. Bhilwara, Rajasthan.
(Presently Confined At District Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S. Udawat on VC.
For Respondent(s) : Mr. Gaurav Singh PP for the State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 03/12/2020 In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.100/2020 of Police Station Kareda, District Bhilwara for the offences punishable under Sections 376 & 384 IPC and Sections 3, 4, 7 & 8 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned Public Prosecutor opposed the bail application. On a conjoint reading of the statement rendered by the prosecutrix under Section 164 Cr.P.C. as well as the WhatsApp chats on record made from the mobile numbers verified by the (Downloaded on 03/12/2020 at 08:32:46 PM) (2 of 2) [CRLMB-10966/2020] prosecution to be of the present accused-petitioner and the prosecutrix, whose age is said to be nearly 17 years, the same do not induce confidence of this Court to continue custody of the petitioner, who is aged 25 years, at this stage.
Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mitthu Khan S/o Shri Gafoor Khan shall be released on bail in connection with FIR No.100/2020 of Police Station Kareda, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(DR.PUSHPENDRA SINGH BHATI),J.
4-SKant/-
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