Allowed

Aslam Khan S/O Mohmad Khan, v. State of Rajasthan

Rajasthan HC23 Sept 2022CRLMB/8390/2022

Case brief

AI extract

What is this about?

This bail application was filed under Section 439 Cr.P.C. for an accused charged with offences under IPC and POCSO Act. The court allowed the application after noting that the complainant had turned hostile and the conclusion of the trial would take a long time, ordering the release of the accused against a bond and sureties.

What did the court decide?

The accused-applicant Aslam Khan was enlarged on bail by furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Aslam Khan S/O Mohmad Khan, Vs State of… — Child Sexual Offences (POCSO) | 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. 8390/2022

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Aslam Khan S/o Mohmad Khan, Aged About 37 Years, R/o Village Goladangi, P.s. Povakhali, District Kishanganj, Bihar At Present R/o Navdurga Colony Near Bhatiya Garden, Chanderbardai Nagar P.s. Ramganj, Ajmer.

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(At Present Confined In Central Jail, Ajmer).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Parth Sarthi Sandu For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Ravindra Kumar Paliwal, for the complainant

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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23/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.200/2022 registered at Police Station Ramganj District Ajmer for the offence(s) under Sections 376, 376(2) (n), 377 of IPC and under Sections 3/4, 5(j)(ii) and 5(L)/6 of POCSO Act.

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Learned counsel for the accused-applicant submits that the complainant has tendered her statement before the Court on 03.09.2022, which exhibits that she got married with the applicant and that she has been declared hostile. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful

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(2 of 2)

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[CRLMB-8390/2022]

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purpose would be served by keeping the accused-applicant behind bars till disposal of the case.

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Learned counsel for the complainant has supported the version of accused-applicant.

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Considering the arguments advanced by the counsel for the parties and considering that the complainant has turned hostile; and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Aslam Khan S/o Mohmad Khan 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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AARZOO ARORA /9

Aslam Khan S/O Mohmad Khan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aslam Khan S/O Mohmad Khan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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