Allowed

Syed Atikur Rehman S/O Shri Ataur Rehman v. State of Rajasthan

Rajasthan HC1 Jun 2023CRLMB/6035/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused under Section 439 Cr.P.C. charged with offences under IPC and POCSO Act. The court considered the property dispute, length of custody, and potential sentence while granting bail.

What did the court decide?

Accused enlarged on bail upon execution of a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each for a period to be determined by the trial Judge.

Syed Atikur Rehman S/O Shri Ataur Rehman Vs State of… — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6035/2023

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Syed Atikur Rehman S/o Shri Ataur Rehman, Aged About 37 Years, R/o House No. 502/19, Hindu Mochi Mohalla, Ghaseti Bazar, Police Station Dargah, Ajmer (Rajasthan). (At Present Confined At Central Jail, Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Pp

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----Respondent

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For Petitioner(s) : Mr. S.S. Hasan Senior Counsel with Mr. Abdul Basit Naqvi, Adv. For Respondent(s) : Mr. S.S. Mehla, PP Mr. Devanshu Sharma, Adv.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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01/06/2023

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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.78/2023 registered at Police Station Dargah District Ajmer for the offence under Sections 323 & 341 of IPC and Section 11(1)/12 of POCSO Act.

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Learned counsel for the accused-applicant submits that the accused-applicant is wrongly implicated in this false and fabricated case. It is submitted that the present FIR was filed by the complainant at the behest of accused-applicant’s brother and father, with whom the accused-applicant has a long standing property dispute. In this regard, it is submitted that cross FIRs have also been filed between the accused-applicant and his father and brother. Learned counsel for the accused-applicant has also

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[CRLMB-6035/2023]

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(2 of 3)

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highlighted the fact that the alleged victim in question is still working as a domestic help in the disputed premises under the employment of accused-applicant’s brother and father. It is further submitted that even if the contents of the FIR are believed to be true, the maximum sentence prescribed for the alleged offence is three years. It is contended that the accused-applicant is in judicial custody since 26/04/2023 and further incarceration in the present case is not necessary.

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Per contra , learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submits that the obscene photos/videos were recovered from the mobile of the accused, which are also a part of the case diary.

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Considering the arguments advanced by both the sides, considering that the alleged victim/complainant is still working at the same place under the employement of accused-applicant’s brother; that there is a property dispute going on between the accused-applicant and his brother and father in which cross FIRs have been filed; that the maximum sentence prescribed for the alleged offence is three years; 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.

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It is ordered that accused-applicant Syed Atikur Rehman

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[CRLMB-6035/2023]

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(3 of 3)

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S/o Shri Ataur Rehman 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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(SAMEER JAIN),J

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ANIL SHARMA /67

Syed Atikur Rehman S/O Shri Ataur Rehman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Syed Atikur Rehman S/O Shri Ataur Rehman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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