This is an order granting bail to Mujeeb Ahamad, the father of a co-accused in an FIR involving offences under IPC and POCSO. The Court released him on a personal bond of Rs. 1 lakh and two sureties of Rs. 50,000 each, noting no role was assigned to him.
Petitioner enlarged on bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8777/2022
Mujeeb Ahamad S/o Shekh Mohammad, Aged About 50 Years, R/o Village Biradpur Karhara P.s. Beni Patti District Mandhubandi Bihar At Present Residing At Plot No. 47, Baba Ramdev Colony, Salawas Road, Sangriya Fanta P.s. Basni District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. S.K. Verma |
|---|---|---|
| For Respondent(s) | : | Mr. Mukesh Trivedi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/07/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.603/2019, Police Station Basani, District Jodhpur City West for the offence punishable under Sections 363, 366-A & 120-B of IPC, and Section 16-17 of the POCSO Act.
Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Sections 161 & 164 Cr.P.C. has levelled specific allegation for committing rape against the co-accused Saddam. The present petitioner is father of the coaccused Saddam and no role has been assigned to him. The petitioner is in the judicial custody since 27.05.2022 and the trial
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[CRLMB-8777/2022]
of the case will take sufficiently long time. Therefore, the benefit
of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer for bail.
I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Mujeeb Ahamad S/o Shekh Mohammad, shall be enlarged on bail in F.I.R. No.603/2019, Police Station Basani, District Jodhpur City West provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
41-Rashi/-
1 issue framed by the court
Whether the petitioner father of co-accused accused in POCSO case deserves bail when no role is assigned to him and trial will take long time.
1 provisions across 1 enactments
MUJEEB AHAMAD
STATE OF RAJASTHAN
MANOJ KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
