Allowed

Mitthu Khan v. State of Rajasthan

Rajasthan HC3 Dec 2020CRLMB/10966/2020

Case brief

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What is this about?

This Court granted bail to the accused, petitioner Mitthu Khan, under Section 439 Cr.P.C. in connection with FIR No. 100/2020 involving offences under IPC and POCSO. The Court observed that the available evidence does not induce confidence to continue custody at this stage.

What did the court decide?

Petitioner released on bail by executing personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 each.

Mitthu Khan Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10966/2020

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Mitthu Khan S/o Shri Gafoor Khan, Aged About 25 Years, R/o Barawalo Ka Kheda, Thana Kareda, Dist. Bhilwara, Rajasthan. (Presently Confined At District Jail, Bhilwara).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. D.S. Udawat on VC.
For Respondent(s)	: Mr. Gaurav Singh PP for the State.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.100/2020 of Police Station Kareda, District Bhilwara for the offences punishable under Sections 376 & 384 IPC and Sections 3, 4, 7 & 8 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned Public Prosecutor opposed the bail application.

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On a conjoint reading of the statement rendered by the prosecutrix under Section 164 Cr.P.C. as well as the WhatsApp chats on record made from the mobile numbers verified by the

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(2 of 2) [CRLMB-10966/2020]

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prosecution to be of the present accused-petitioner and the prosecutrix, whose age is said to be nearly 17 years, the same do not induce confidence of this Court to continue custody of the petitioner, who is aged 25 years, at this stage.

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Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner Mitthu Khan S/o Shri Gafoor Khan shall be released on bail in connection with FIR No.100/2020 of Police Station Kareda, 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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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4-SKant/-

Mitthu Khan v. State of Rajasthan

Case brief

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Mitthu Khan v. State of Rajasthan

Case brief

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