The court allowed the second bail application of a petitioner in judicial custody accused of sexual offences, contradictions in prosecutrix statement, and prolonged trial. Bail granted subject to bond and sureties.
Petitioner released on bail executing personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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[2024:RJ-JD:17334]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 3116/2024
Amir Abbasi @ Amir S/o Shri Salimuddin Alias Salman Abbasi, Aged About 25 Years, R/o 556, Rukan Saray, Malik Medical Street, Buland Shahar, Ps Kotwali Nagar, Up (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/04/2024
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.125/2023 registered at Police Station Surajpole, District Udaipur registered for the offence punishable under Sections 344, 366, 506 & 376(2)(n) of the Indian Penal Code and Section 67-A of IT Act. The first bail application was dismissed by this Court vide order dated 13.09.2023 with liberty to file afresh after recording the statement of prosecutrix.
Learned counsel for the petitioner submits that prosecutrix is major and she has been examined before the trial Court as PW.1 and there are material contradictions, improvements and omissions in her statement. The petitioner is in judicial custody
(2 of 2)
[2024:RJ-JD:17334]
[CRLMB-3116/2024]
since 20.03.2023 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
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 bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Amir Abbasi @ Amir S/o Shri Salimuddin Alias Salman Abbasi shall be released on bail in connection with F.I.R. No.125/2023 registered at Police Station Surajpole, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his 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
78-Rashi/-
1 issue framed by the court
Whether bail should be granted to the accused petitioner who is in judicial custody for offences under Sections 344, 366, 506, 376(2)(n) IPC and Section 67-A IT Act.
1 provisions across 1 enactments
Amir Abbasi @ Amir S/o Shri Salimuddin Alias Salman Abbasi
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
