Rajasthan High Court - Jodhpur
Adil @ Sameer vs State Of Rajasthan on 9 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. 14250/2020
Adil @ Sameer S/o Munna Bhai, Aged About 19 Years, B/c
Muslim, R/o Mag Ji Ki Ghati, P.s. Mandore, Jodhpur, Rajasthan.
(At Present Lodged In Central Jail, Jodhpur, Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sikandar Khan on VC
For Respondent(s) : Mr. Mahipal Vishnoi PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 09/12/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record. The petitioner has been arrested in connection with FIR No. 307/2020 of Police Station Mandore District JOdhpur for the offences punishable under Sections 420, 376, (2) (N), 323, 366 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn attention of this Court to the FIR in which the complainant prosecutrix has levelled the allegations against the petitioner that he has committed rape upon her about 5-6 months ago. Learned counsel for the petitioner submits that such vague FIR reflects that it was a (Downloaded on 09/12/2020 at 09:04:49 PM) (2 of 2) [CRLMB-14250/2020] consensual relationship that went bad. The age of the prosecutrix is 23 years and the present petitioner's age is 19 years.
Learned Public Prosecutor has opposed the bail application. 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 and 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 Adil @ Sameer S/o Munna Bhai shall be released on bail in connection with FIR No. 307/2020 of Police Station Mandore District Jodhpur 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.
ns. 45-1/-
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