The High Court of Rajasthan enlarged the petitioner on bail under Section 439 Cr.P.C. without expressing a final opinion on the merit of the case, considering the age of the prosecutrix and evidence on record.
Petitioner released on bail by furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R
S.B.Criminal Misc. 2nd Bail Application No.15896/2016
Ansar Husain son of Shri Shamsher Husain, By caste Mev Musalman, aged about 23 years, R/o Sablana, P.S. Kaman, District Bharatpur. (At present confined in Central Jail, Jaipur)
…..Accused/Petitioner
Versus
State of Rajasthan through P.P.
…..Non-Petitioner
Date of Order ::::: 03.01.2017
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr. Amitabh Vijaywargia, for the petitioner. Mr. Prakash Thakuria, Public Prosecutor for State.
Heard learned counsel for the parties.
On consideration of submissions made on behalf of the respective parties and the material made available on record as well as the evidence collected during investigation which has been placed on record by way of copy of the charge-sheet and also statement of the prosecutrix recorded during the course of trial and more particularly looking to the age of the prosecutrix, but without expressing any final opinion on the merit and demerit of the case, I am inclined to enlarge the petitioner on bail under Section 439 Cr.P.C.
Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed.
It is ordered that the accused-petitioner-Ansar Husain son of Shri Shamsher Husain, in FIR No.138/2016, registered at Police Station Muhana, Jaipur (East), shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two surety bonds of Rs.25,000/- (Rupees Twenty Five thousand only) each to thesatisfaction 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.
(PRASHANT KUMAR AGARWAL), J
Jyoti/S.No.51
1 issue framed by the court
Whether to grant bail to the accused-petitioner under Section 439 Cr.P.C.
1 provisions across 1 enactments
Ansar Husain
State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
