Allowed

Salim S/O Shakir Albi v. State of Rajasthan

Rajasthan HC12 Jan 2024CRLMB/17/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application under Section 439 Cr.P.C. for the petitioner charged under IPC 363, 366, 376(2)(n) and POCSO. The court noted discrepancies in the prosecutrix's age and her voluntary departure from home, granting bail despite the charge-sheet. It was ordered on 12/01/2024.

What did the court decide?

Petitioner allowed bail on a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Salim S/O Shakir Albi Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:2197]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 17/2024

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Salim S/o Shakir Albi, Aged About 24 Years, R/o Village Kalia Nangla, Police Station Tanda, District Rampur (Uttar Pradesh), Presently Residing At Ward No. 19, Mandawa Town, Police Station Mandawa, District Jhunjhunu (Rajasthan). (Applicant Is Confined At District Jail, Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through Learned Public Prosecutor (P.P.)

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----Respondent

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For Petitioner(s) : Mr. David Mehla For Respondent(s) : Mr. M. K. Sheoran, PP Mr. Mumtaj Ali Mr. Abdul Maruf Mansoori for Complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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12/01/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.140/2023 registered at Police Station Mandawa, District Jhunjhunu for the offence under Section 363 of IPC. Later on, police filed charge-sheet for the offences under Sections 363, 366 and 376(2)(n) of IPC and Section 3/4 of the POCSO Act.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that according to the statement of the prosecutrix recorded under Section 164 Cr.PC., she was in relationship with

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[2024:RJ-JP:2197]

[CRLMB-17/2024]

the petitioner and she left her parental home on her own with the intention of marrying the petitioner. He submits that prosecutrix never disclosed her actual age to the petitioner. He further submits that according to the charge-sheet, three different age of the prosecutrix are appearing on record. There are no criminal antecedents of the petitioner. Petitioner is in custody since 13.10.2023. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor assisted by the learned counsel for complainant opposes the bail application and submits that prosecutrix is a minor girl aged about 15 years and there is specific allegation against the petitioner that he developed physical relations with the prosecutrix.

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I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that 3 different age of the prosecutrix are appearing on record and also considering the fact that prosecutrix left her parental home on her own; absence of criminal antecedent; Charge-sheet has been filed as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner- Salim S/o Shakir Albi shall be released on bail provided he furnishes a personal bond in the sum of

[2024:RJ-JP:2197]

[CRLMB-17/2024]

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Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /128

Salim S/O Shakir Albi v. State of Rajasthan

Case brief

What is this about?

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Salim S/O Shakir Albi v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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