Haider Ali and Chand Khan sought bail under Section 439 Cr.P.C. for offences under IPC 363, 354 and POCSO. The High Court, considering the gravity of the POCSO charges, rejected the bail application without expressing an opinion on merits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 79/2019
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K.S. Rathore For Respondent(s) : Mr. Pankaj Avasthi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/01/2019
Heard the learned counsel for the petitioners as well as the learned Public Prosecutor and perused the material available on record.
The petitioners have been arrested in FIR No. 201/2018 of Police Station Balesar for the offences punishable under Sections 363, 354 IPC and 7/8 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioners.
(2 of 2)
[CRLMB-79/2019]
Accordingly, the bail application preferred by the petitioners
under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J
131-Taruna/-
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. considering the nature of offences under POCSO, IPC 363 and 354.
4 provisions across 3 enactments
HAIDER ALI
CHAND KHAN
STATE OF RAJASTHAN
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
