Allowed

Irfan @ Kalu v. State of Rajasthan

Rajasthan HC19 Aug 2019CRLMB/9052/2019

Case brief

AI extract

What is this about?

Bail application allowed to the petitioner accused facing charges for abduction and sexual assault under IPC and POCSO Act. Court granted bail despite serious allegations, citing the prosecutrix turning hostile and matter being compromised, without deciding merits of the case.

What did the court decide?

Petitioner released on bail on executing a personal bond in Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Irfan @ Kalu Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 9052/2019

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Irfan @ Kalu S/o Shri Babu Khan, Aged About 25 Years, By Caste Musalman, R/o Natho Ki Pole, Udaimandir Aasan, Police Thana Nagauri Gate, Jodhpur. (Presently Judicial Custody).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Abdul Latif For Respondent(s) : Mr. Sharvan Bishnoi, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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19/08/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in connection with FIR No.32/2019, of Police Station Nagori Gate, Jodhpur for the offences punishable under Sections 363, 366(Ka), 376(2)(N) of I.P.C. and Section 5(L)/6 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that allegations of abduction and sexual assault upon the minor daughter of the complainant levelled against the petitioner are false. Learned counsel for the petitioner has argued that the police have filed charge-sheet against the petitioner on the basis of statements of minor daughter of the complainant recorded during the course of police investigation wherein she has alleged that the petitioner abducted and sexually assaulted her. Learned counsel for the

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(2 of 2)

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[CRLMB-9052/2019]

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petitioner has submitted that now the statements of minor daughter of the complainant have been recorded before the trial court as PW-1 wherein she has not supported the prosecution story and turned hostile. It is submitted that the prosecutrtix in her crossexamination by the Public Prosecutor has stated that the matter has been compromised between the parties and she has also specifically stated that she went to her uncle’s residence in Ajmer alone and the petitioner was not with her. Learned counsel for the petitioner has submitted that since the prosecutrix has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the petitioner.

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Learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Irfan @ Kalu S/o Shri Babu Khan shall be released on bail in connection with FIR No.32/2019, of Police Station Nagori Gate, 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.

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(VIJAY BISHNOI),J

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16-Babulal/-

Irfan @ Kalu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Irfan @ Kalu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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