Single judge of Rajasthan High Court at Jodhpur allowed a bail application in kidnapping and abduction/assault cases without evaluating merit, granting release on personal bond with sureties pending trial.
Release on bail in FIR No.166/2018 via personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9928/2019
Altaf Salmani @ Shalu S/o Rehman, Aged About 55 Years, By Caste Musalman Nai, Resident Of Telipada, Gulabpura, Police Station, Gulabpura, District Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Neeraj Kumar Gurjar For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
21/08/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.166/2018 of Police Station Gulabpura District Bhilwara for the offences punishable under Sections 363, 342 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegations of kidnapping the prosecutrix and sexual assault upon her levelled against the petitioner are false. It is argued that the petitioner and the prosecutrix got married and they were living together till the arrest of the petitioner. It is also submitted that the prosecutrix in her statements during the course of
(2 of 2)
[CRLMB-9928/2019]
interrogation had clearly stated that she went with the petitioner as per her own free will.
Learned Public Prosecutor has opposed the bail application.
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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Altaf Salmani @ Shalu S/o Rehman shall be released on bail in connection with FIR No.166/2018 of Police Station Gulabpura District Bhilwara 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.
(VIJAY BISHNOI),J
SURABHII/102-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in offences under Sections 363 and 342 IPC.
Whether the marital relationship and prosecutrix's statement of free will influence the bail decision.
3 provisions across 2 enactments
Altaf Salmani @ Shalu
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
