Allowed

Adil Son of Shri Akbar v. State of Rajasthan

Rajasthan HC8 Jun 2023CRLMB/1684/2023

Case brief

AI extract

What is this about?

High Court allowed the third bail application of Adil, a 19-year-old accused facing charges under IPC and POCSO. The court noted the parties had settled the dispute and the complainant raised no objection. Bail was granted with a personal bond and sureties.

What did the court decide?

Petitioner released on bail via personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Adil Son of Shri Akbar Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 1684/2023

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Adil Son Of Shri Akbar, Resident Of Village Sahdungar Police Station Gopalgarh District Bharatpur At Present In Central Jail Bharatpur.

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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. Jaswant Singh Rathrore for Mr. Harendra Singh
For Respondent(s)	: Mr. Sher Singh Mahla, PP Mr. Vinod Kumar Sharma on behalf of
	Mr. Ankit Khandelwal for the
	complainant

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.)

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Order

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08/06/2023

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This third application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.73/2021, Police Station Gopalgarh, Distt. Bharatpur for the offences under Sections 363 & 376D IPC and Sections 5/6 & 16/17 of the POCSO Act.

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Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant-respondent and also perused the material available on record.

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Learned counsel for the petitioner submits that the petitioner was 19 years of age on the date of occurrence. It has been submitted that the trial is likely to take long time to conclude. In the meanwhile, the complainant of this case namely Hari Singh

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[CRLMB-1684/2023]

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(2 of 3)

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has submitted an affidavit before this Court. As per the affidavit, the FIR was lodged by him against the petitioner due to some misunderstanding. An affidavit has also been submitted by the prosecutrix in which she has mentioned her age as 19 years and has deposed that the petitioner did not commit rape upon her. He further submits that the parties have amicably settled their dispute and compromise has been arrived at in between them and the complainant has deposed in his affidavit that if the petitioner is released on regular bail, he has no objection.

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Learned Public Prosecutor vehemently opposed this bail application on the ground that the offences against the petitioner are non-compoundable in nature, therefore, the bail should be rejected.

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Learned counsel for the complainant-respondent has no objection if the bail application filed under Section 439 Cr.P.C. on behalf of the present accused-petitioner is allowed and the petitioner is released on bail.

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The age of the petitioner was 19 years on the date of the incident. He was arrested on 27.04.2021 and since then, he is behind the bars. There is no other criminal antecedent of the petitioner. Having regard to the facts and circumstances of the case more particularly the fact that the parties have amicably settled their dispute and looking to the age of the petitioner and period of his custody and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the third bail application filed under Section

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(3 of 3)

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[CRLMB-1684/2023]

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439 Cr.P.C. is allowed. It is ordered that petitioner- Adil Son Of Shri Akbar, arrested in FIR No.73/2021, Police Station Gopalgarh, Distt. Bharatpur, shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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[ASHUTOSH KUMAR (V. J.)],J

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SAHIL SONI /42

Adil Son of Shri Akbar v. State of Rajasthan

Case brief

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Adil Son of Shri Akbar v. State of Rajasthan

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