HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 5574/2019

Aslam S/o Shri Reshma, B/c Mehrat, Aged About 22 Years, R/o

Amba Ki Gal Shyamgarh, P.s. Beawar Sadar, District Ajmer. (At

Present Confined In Central Jail, Ajmer.)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Jai Preshrank Gupta

For Respondent(s)

For Complainant

:

:

Mr. S.K. Mahla, PP

Mr. Mukesh Choudhary

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

09/05/2019

1.

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.45/2019 Registered at Police Station Masuda, District Ajmer for

the offence(s) under Sections 376D, 363, 366, 342 and 120B IPC

and Section 3/4 of Protection of Children from Sexual Offence Act.

2.

Counsel for the petitioner submits that the prosecutrix in her

statement recorded under Section 164 Cr.P.C. stated that she went

with the petitioner at her own free will and petitioner has not

committed rape on her.

3.

Learned Public Prosecutor assisted by counsel for the

complainant has opposed the bail application.

4.

Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

(2 of 2)

[CRLMB-5574/2019]

case, this court deems it just and proper to enlarge the petitioner

on bail.

5.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Aslam S/o

Shri Reshma 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.

(INDERJEET SINGH),J

Arun/52