Allowed

Tahir Khan S/O Kamardeen v. State of Rajasthan

Rajasthan HC15 Sept 2022CRLMB/6174/2022

Case brief

AI extract

What is this about?

High Court allowed bail application under Section 439 Cr.P.C. for accused-applicant Tahir Khan, a teenager, in an FIR involving sexual offences including POCSO and SC/ST Act, considering his age and co-accused bail, without commenting on merits.

What did the court decide?

Accused-applicant enlarged on bail on furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Tahir Khan S/O Kamardeen Vs State of… — Child Custody and Guardianship | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6174/2022

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Tahir Khan S/o Kamardeen, R/o Maujpur, Police Station Laxmangarh Distt Alwar (Raj.) (Accused Presently Confined In Central Jail Alwar)

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----Applicant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. N.A. Naqvi, Sr. Adv. assisted by Mr. Syed Adeel Naqvi For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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15/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The applicant was arrested in connection with FIR No.707/2021 registered at Police Station Malkhera District Alwar for the offence(s) under Sections 363, 366, 366-A, 376-D of IPC and Section 3(1)(s), 3(1)(w), 3(2) (v) of SC/ST Act and Section 5(G)/6 of POCSO Act.

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Learned counsel for the accused-applicant submitted that accused-applicant is a teenager aged about 18 years. Coaccused, who is on equal footing, have been enlarged on bail vide order dated 09.02.2022. Learned counsel has relied upon court statement of the prosecutrix recorded on 28.05.2021, wherein she has made allegations against both co-accused, including the coaccused who has been enlarged on bail. He further submitted that

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(2 of 2)

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[CRLMB-6174/2022]

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charge-sheet in the present case has been filed and nothing is to be recovered from present accused-applicant.

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Per contra , learned Public Prosecutor has opposed the bail application. He submitted that victim has levelled specific allegation against the accused-applicant in her 161 and 164 statement.

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Considering the arguments advanced by both the sides, considering the young age of the accused-applicant; considering that co-accused, against whom similar allegations were also levelled by victim-prosecutrix in her court statement recorded on 21.05.2021, has been enlarged on bail vide order dated 09.02.2022; that charge-sheet is already filed and looking at the overall facts and circumstances of the case and materials on record but without commenting on merits/demerits of the case, this court deems it appropriate to enlarge the accused-applicant on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-applicant Tahir Khan S/o Kamardeen shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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JKP/4

Tahir Khan S/O Kamardeen v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tahir Khan S/O Kamardeen v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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