Allowed

Iqbal S/O Arvind v. State of Rajasthan

Rajasthan HC25 Nov 2020CRLMB/13273/2020

Case brief

AI extract

What is this about?

In a bail application for offences under IPC Sections 363, 342, 384, and later 366, the High Court of Rajasthan allowed bail, deeming it just and proper to release the petitioner on bail under Section 439 Cr.P.C. without expressing an opinion on the merits of the case.

What did the court decide?

Release the petitioner on bail under Section 439 Cr.P.C. on a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Iqbal S/O Arvind Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13273/2020

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Iqbal S/o Arvind, R/o Narayan Nagar Masuda Road Beawar Distt. Ajmer Raj. (At Present In Sub Jail Beawar Ajmer)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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	----Respondent
For Petitioner(s)	: Mr. Abhishek Choudhary through VC
For Respondent(s)	: Mr. S.S. Ola, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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25/11/2020

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 696/2020 registered at Police Station Beawar City, District Ajmer for the offence under Section(s) 363, 342 & 384 of IPC and later on for the offence under Section(s) 366, 342 & 384 of IPC.

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It is contended by the learned counsel for the petitioner that the prosecutrix has, aged about 20 years, in her statement recorded under Section 161 Cr.P.C. categorically stated that she has gone with the petitioner out of her free will and was not subjected to any rape by him; but, later on, under family pressure, she has levelled allegations against the present petitioner. He submitted that the petitioner is in custody since 06.10.2020, investigation as against him is complete, he has no criminal antecedents and prays of his release on bail.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2) [CRLMB-13273/2020]

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Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application is allowed and it is directed that accused-petitioner Iqbal S/o Arvind shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /24

Iqbal S/O Arvind v. State of Rajasthan

Case brief

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Iqbal S/O Arvind v. State of Rajasthan

Case brief

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