Allowed

Riyaz Chouhan S/O Kaasam Kha @ Ghasi Kha v. State of Rajasthan

Rajasthan HC17 Jan 2023CRLMB/77/2023

Case brief

AI extract

What is this about?

High Court allowed bail application filed by Riyaz Chouhan in a case involving offences under Sections 376(2)(n) and 506 IPC. The court granted bail by imposing a personal bond with sureties without expressing opinion on merits.

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.

Riyaz Chouhan S/O Kaasam Kha @ Ghasi Kha Vs State of… — Bail and Remand | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 77/2023

¶3

Riyaz Chouhan S/o Kaasam Kha @ Ghasi Kha, Aged About 37 Years, Resident Of Mohalla Golamdaran Paldas Road, Sikar, Tehsil And District Sikar, Currently Nehru Park Ke Piche, Chotu Bharti Colony, Aalmado Masjid Ke Pass Sikar, P.s. Kotwali Sikar (Raj.) (At Present Confined At Central Jail Sikar)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.P.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Mahendra Meena, PP Mr. Amit Punia

¶9

HON'BLE MR. JUSTICE BHUWAN GOYAL

¶10

Order

¶11

17/01/2023

¶12

The instant bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.616/2022 registered at Police Station Sadar Sikar, District Sikar for the offence(s) under Sections 376(2)(n) & 506 I.P.C.

¶13

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case as alleged incident is said to be happened in July, 2020 and the FIR has been lodged on 14.11.2022 i.e. after inordinate delay of more than two years. Learned counsel for the petitioner further submits that after investigation, charge-sheet is prepared under sections 450, 376(2)(n) and 506 I.P.C and is to be filed in the concerned Court today i.e. 17.01.2023. He further submits that the petitioner is

¶14

(2 of 2) [CRLMB-77/2023]

¶15

behind the bars since 16.12.2022 and trial is likely to take long time. He therefore prayed that the petitioner may be enlarged on bail.

¶16

Per contra, learned Public Prosecutor opposed the bail application.

¶17

Considering the rival submissions of the parties and in the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

¶18

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Riyaz Chouhan S/o Kaasam Kha @ Ghasi Kha 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 court for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

¶19

(BHUWAN GOYAL),J

¶20

Keshav/37

Riyaz Chouhan S/O Kaasam Kha @ Ghasi Kha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Riyaz Chouhan S/O Kaasam Kha @ Ghasi Kha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kailash Kumar S/O Lacharam Vs State of Rajasthan

Raju Singh Son of Shri Ashu Singh Vs State of Rajasthan

Vinod Kumar Gurjar S/O Sh. Rameshwar Lal Gurjar Vs State of Rajasthan