The High Court of Rajasthan at Jodhpur allowed bail applications filed by two accused persons facing charges under IPC Sections 376-D, 376(2)(N), 120-B and IT Act sections. The court noted a compromise was reached and granted bail conditions.
Petitioners released on bail subject to personal bond of Rs. 1,00,000/- each with two sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:18832]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3915/2024 Saddam Hussain S/o Shri Mohammad Iqbal, Aged About 32 Years, R/o Miyon Ki Haweli, Near Rajmahal School, Jodhpur, Rajasthan. (At Present Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1621/2024 Moh. Toshif S/o Shri Ramjan Khan, Aged About 29 Years, R/o 67, Juna Daru Theka, Gulab Sagar, Jodhpur. (Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Jamwant Gurjar Mr. Vinod Kumar Sharma with Mr. DilipSharma |
|---|---|
| For Respondent(s) | : Mr. S.S. Rajpurohit, PP |
| Mr. Sunil Bhanwaria,for complainant. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
01/05/2024
The petitioners have been arrested in connection with FIR No.51/2023 of Police Station Sadar Kotwali, District Jodhpur, for the offence punishable under Sections 376-D, 376(2)(N) of IPC and Section 67-A of IT Act (in S.B. Criminal Bail Application No.3915/2024) and Sections 376-D, 376(2)(N) and 120-B of IPC and Section 67 of IT Act (In S.B. Criminal Misc. Bail Application No.1621/2024). They have preferred these bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners submits that prosecutrix has been examined in Court as PW/1 and in her cross
[2024:RJ-JD:18832]
[CRLMB-3915/2024]
(2 of 2)
examination, she categorically stated that no one has committed rape with her. Counsel further submits that compromise has also been arrived at between the parties. The accused-petitioners Saddam Hussain and Mohd. Toshif are in judicial custody since 17.04.2023 and 08.04.2024 respectively and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bails should be granted to the accused-petitioners.
Learned Public Prosecutor opposed the bail applications. Learned counsel for the complainant concurs the fact of compromise.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bails to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Saddam Hussain S/o Shri Mohammad Iqbal & (2) Moh. Toshif S/o Shri Ramjan Khan, shall be released on bail in connection with FIR No.51/2023 of Police Station Sadar Kotwali, District Jodhpur, provided they execute personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
150-151 Ishan/-
1 issue framed by the court
Whether bail should be granted to the petitioners under Section 439 Cr.P.C. given the compromise between parties and the nature of charges.
1 provisions across 1 enactments
Saddam Hussain
Moh. Toshif
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
