Rajasthan High Court - Jodhpur
Wasim Khan vs State on 18 June, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 5153 / 2018
Wasim Khan S/o Sikandar Khan, By Caste Musalman, Resident of
Near Dalle Khan Ki Chakki, Masuria, Jodhpur. (At Present Lodged
in Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) :Mr. Sikander Khan (Petitioner's father)
For Respondent(s) : Mr. LR Upadhyay, PP
Mr. Razia Mehar, complainant
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
VACATION JUDGE Order 18/06/2018
1. The lawyers are not appearing due to abstention from judicial work.
2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 132/2018 registered at Police Station Kotgate, District Bikaner, for the offences under Sections 307, 323, 342, 376(B) of IPC .
3. The investigating report submitted by the public prosecutor indicates that the proof of offences under Section 307 and 376(B) against the petitioner is of very weak nature. Learned public prosecutor further submits that Section 376(B) is bailable offence. There are no injuries to suggest the injuries to (2 of 2) [CRLMB-5153/2018] substantiate the allegation of Section 376(B) of IPC. The petitioner is in custody since 22.05.2018.
4. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced on behalf of the petitioner and Public Prosecutor, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
5. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Wasim Khan S/o Sikandar Khan shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the 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.
6. If there is any apprehension to the complainant regarding her safety, she will make appropriate representation to the Superintendent of Police, Jaisalmer, who shall ensure complete safety to the complainant as per requirement assessed by him.
(DR. PUSHPENDRA SINGH BHATI)V.J. sudheer