Allowed

Mohammad Asif Son of Mohammad Ishaq Milawat v. State of Rajasthan

Rajasthan HC28 Mar 2023CRLMB/866/2023

Case brief

AI extract

What is this about?

This High Court allowed a bail application under Section 439 Cr.P.C. filed by Mohammad Asif in connection with FIR No. 321/2022 for offences of rape and obscene acts. The court found that a compromise had been arrived at between the petitioner and the complainant. Despite the opposition by the Public Prosecutor, the court deemed it just and proper to enlarge the petitioner on bail without expressi

What did the court decide?

Bail allowed on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the trial Judge.

Mohammad Asif Son of Mohammad Ishaq Milawat Vs State of… — Bail and Remand | 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. 866/2023

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Mohammad Asif Son Of Mohammad Ishaq Milawat, Aged About 23 Years, Resident Of Bada Mohalla, Near Kalu Peer Baba, Sarwad, Police Station Sarwad, District Ajmer (Raj) ( At Present In Sub Jail Kekri, Ajmer)

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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
For Petitioner(s)	: Mr. Rajesh Kumar Sharma, Adv.
For State	: Mr. Chandragupt Chopra, PP
For Respondent(s)	: Mr. Sandeep Kumar Maheshwari, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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28/03/2023

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The present bail application has been filed under Section 439 Cr.P.C. in connection with FIR No. 321/2022 Registered at Police Station Sarwad, District Ajmer for the offence(s) under Sections 376, 376(2)(n), 312, 323 and 509 IPC (later on offence(s) under Sections 376 & 376(2)(n) IPC was found to have been made out).

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 10.01.2023. Learned counsel for the petitioner further submits that a compromise has been arrived at between the parties.

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Learned counsel for the complainant does not dispute the fact of compromise taken between the parties.

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Learned Public Prosecutor has opposed the bail application.

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[CRLMB-866/2023]

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(2 of 2)

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Considering the contentions put-forth by the counsel for the parties and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, 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 Mohammad Asif Son Of Mohammad Ishaq Milawat 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 upon to do so.

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(NARENDRA SINGH DHADDHA),J

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Gourav/14

Mohammad Asif Son of Mohammad Ishaq Milawat v. State of Rajasthan

Case brief

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What did the court decide?

Mohammad Asif Son of Mohammad Ishaq Milawat v. State of Rajasthan

Case brief

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