Allowed

Mosin Khan S/O Nisar Mohammad v. State of Rajasthan

Rajasthan HC14 Mar 2023CRLMB/369/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to Mosin Khan in his third application under Section 439 Cr.P.C. relating to POCSO and SC/ST Act offences, accepting the victim's trial admission of non-culpability of the accused as a pivotal circumstance.

What did the court decide?

Petitioner enlarged on bail by furnishing personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Mosin Khan S/O Nisar Mohammad Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJP/004104]

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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. 369/2023

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Mosin Khan S/o Nisar Mohammad, R/o Mavati Tola, Kagadi Devra, Bundi, Dist. Bundi (At Present Confined At District JailBundi)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Nasir Khan-maternal uncle of accused-petitioner For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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14/03/2023

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This 3^rd bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 191/2021 registered at Police Station Kotwali, District Bundi for the offences under Sections 363, 366, 376(3) & 376(2)(N) of IPC, Sections 5/6 & 16/17 of POCSO Act and Section 3(2)(V) & 3(2)(VA) of SC/ST Act.

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Mr. Nasir Khan has submitted the photocopy of crossexamination of victim recorded during trial as PW-2 which is taken on record and further submitted that looking to the crossexamination of victim, the accused-petitioner may kindly be released on bail.

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Learned Public Prosecutor has opposed the bail application. Heard and perused the material available on record.

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The first bail application of the petitioner was dismissed by this Court vide order dated 11.02.2022 and the second bail

[2023/RJJP/004104]

[CRLMB-369/2023]

(2 of 2)

application was also dismissed by the Court vide order dated 27.06.2022. As per earlier order dated 11.02.2022, the petitioner is behind the bars since 01.10.2021, charge-sheet has already been filed and the petitioner has no criminal antecedents. As per FIR, the victim is 16 years of age and during trial, statement of victim has been recorded as PW-2, wherein, she has admitted that the petitioner has not committed any such offence with her.

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Considering the submissions made by maternal uncle of accused-petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the 3^rd bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Mosin Khan S/o Nisar Mohammad 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 and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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PAYAL/12

Mosin Khan S/O Nisar Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mosin Khan S/O Nisar Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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