Allowed

Moien Ansari @ Sahil Ansari S/O Khalid Ansari v. the State of Rajasthan

Rajasthan HC6 Jul 2022CRLMB/9960/2022

Case brief

AI extract

What is this about?

The High Court bench allowed a bail application filed under Section 439 Cr.P.C. for the accused-petitioner arrested in a rape case, deeming it just and proper to enlarge him on bail due to potential trial delays, subject to furnishing a personal bond and sureties.

What did the court decide?

Accused-petitioner enlarged on bail by furnishing personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Moien Ansari @ Sahil Ansari S/O Khalid Ansari Vs the State… — Bail and Remand | 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. 9960/2022

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Moien Ansari @ Sahil Ansari S/o Khalid Ansari, Resident Of Peelkhana Mohalla Jhalawar Police Station Kotwali District Jhalawar (Raj.) ( At Present Confined In District Jail Jhalawar)

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----Petitioner

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Versus

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The State Of Rajasthan, Through P.p

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----Respondent For Petitioner(s) : Mr. Rohit Khandelwal. For Respondent(s) : Mr. M.S. Saini, PP. Mr. N.P. Sharma.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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06/07/2022

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The instant bail application has been filed by the petitioner Moien Ansari @ Sahil Ansari S/o Khalid Ansari under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 72/2022 registered at Police Station Mahila Thana, Jhalawar for the offence(s) under Sections 376 IPC.

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Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. It is alleged that in the written complaint submitted by the prosecutrix herself that the petitioner seduced her on account of making false promise to marry. The prosecutrix has been examined in the trial and in her statement recorded under Sections 161 and 164 Cr.P.C., she has candidly

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(2 of 2)

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[CRLMB-9960/2022]

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admitted that on several occasions, she established physical relationship with the petitioner at her own free will.

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Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner 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-petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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

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upon to do so.

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(FARJAND ALI),J

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PREETI VALECHA /111

Moien Ansari @ Sahil Ansari S/O Khalid Ansari v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Moien Ansari @ Sahil Ansari S/O Khalid Ansari v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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