In COVID-19 wake, High Court of Rajasthan allowed second bail application for an accused charged with sexual offences, granting release on personal bond with sureties due to protracted trial likely after charge-sheet filing.
Release on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Second Bail Application No.
803/2021
Mohammed Saleem S/o Sh. Hisamuddin, Aged About 34 Years, B/c Mohammedan, R/o Silmagron Ka Mohalla, Merta City, Dist. Nagaur. (Presently Lodged In Sub Jail, Merta, Dist. Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mohammad Akbar For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.
292/2020 of Police Station Merta City, District Nagaur for the offences punishable under Section 376D, 376 (2) (N), 450 & 344 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn attention of this Court towards the statement of the hotel owner, who has deposed that the prosecutrix booked her room by herself and also ate food in the restaurant at the relevant time. The hotel owner has also deposed regarding the signatures of the prosecutrix in the hotel
(2 of 2)
[CRLMB-803/2021]
register and also stated that bill was cleared by someone named Mohammed Saleem
Learned counsel for the petitioner has also drawn attention of this court towards the statement of the landlord, who has deposed that one of the accused and prosecutrix stayed in his house for about 15 days, as husband and wife. It is also contended that charge-sheet has already been filed in this case.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case as also the fact that charge-sheet has already been filed and conclusion of the proceedings is likely to take some time and 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.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mohammed Saleem S/o Sh. Hisamuddin shall be released on bail in connection with FIR No. 292/2020 of Police Station Merta City, District Nagaur 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.
(DR. PUSHPENDRA SINGH BHATI),J.
80-Sudheer/-
2 issues framed by the court
Whether bail should be granted to the petitioner in the second bail application.
Whether the filing of charge-sheet precludes the grant of bail.
1 provisions across 1 enactments
MOHAMMED SALEM S/O SH. HISAMUDDIN
State Of Rajasthan
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
