Allowed

Jishan S/O Riyaj Ahamad Khan Muslaman v. State of Rajasthan

Rajasthan HC10 Jun 2020CRLMB/2369/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 CrPC in a missing child case. The court noted the investigation officer's failure to file a charge sheet despite expiry of the statutory period and directed a departmental inquiry. Bail was granted with a personal bond.

What did the court decide?

Petitioner released on bail under Section 439 CrPC on furnishing a personal bond of Rs. 20,000/- with one surety in the like amount. A departmental enquiry directed against the IO.

Jishan S/O Riyaj Ahamad Khan Muslaman Vs State of… — Anticipatory Bail | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2369/2020

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Jishan S/o Riyaj Ahamad Khan Muslaman, R/o Vill. Kopa Ps Kopa Dist. Chhapra Bihar At Present In Central Jail Ajmer

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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. Manish Sharma For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Dharmpal, SI(SHO) Police StationBhinay Distirct Ajmer, present in person

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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10/06/2020

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This bail application has been filed under Section 439 CrPC in connection with FIR No. 177/2019 registered at Police Station Bhinay Distt. Ajmer for the offences under Sections 363, 366, 344, 120B IPC.

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Heard learned counsel for the petitioner, learned Public Prosecutor as well as also Investigation Officer, who is present in person.

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Counsel for the petitioner submits that the petitioner was arrested on 10.2.2020 in a case registered for offence u/s 363 IPC

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(2 of 3)

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[CRLMB-2369/2020]

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bearing FIR No.177/2019 wherein the complainant stated that his 17 years old daughter has been missing and had apprehension that one Manish @Happy son of Ram Prasad has taken away his daughter. The petitioner was arrested on the basis of mobile recording of the co-accused -Manish@Happy which shows that Manish has talked with the accused petitioner for three times on 12.9.2019 and the accused petitioner was arrested from Kerala whereas Manish and girl have not yet been found by the IO. During the pendency of this bail application, the period of 90 days which is required for filing of the charge sheet in terms of the Section 167 Cr.P.C has also expired but the charge sheet has not been filed.

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IO was called by the court and he states that a case of Habeas Corpus petition is pending and on account of this, certain objections having been raised by the public prosecutor of the trial court, the charge sheet could not be filed. It is noted that more than three and four months have been lapsed since the date of arrest and the charge sheet has not been filed. On merits also, this court finds that merely on the basis of telephonically conversation with Manish, the charges of offence u/s 363 IPC would not prima facie be made out against the accused petitioner.

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Taking into consideration the overall facts and circumstances of the case, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail and further direct the superior Police Officer to take appropriate departmental enquiry against the IO for not filing of the charge sheet within the time as prescribed in law.

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The copy of this order be sent to IG, Range, Ajmer.

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(3 of 3) [CRLMB-2369/2020]

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Accordingly, this bail application is allowed and it is ordered that the accused-petitioner- Jishan S/O Riyaj Ahamad Khan shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he/she shall comply with all the conditions laid down under Section 437(3)

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Cr.P.C. Anu /2

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(SANJEEV PRAKASH SHARMA),J

Jishan S/O Riyaj Ahamad Khan Muslaman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jishan S/O Riyaj Ahamad Khan Muslaman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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