HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7633/2022

Shakeel Mohammed Son Of Shri Mahboob Khan, Aged About 23

Years, R/o Chowkari Police Station Khandea, District Sikar (Raj.)

( Presently The Accused Petitioner Confined In Distt Jail Sikar)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Sanjay Khedar

For Respondent(s)

:

Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

23/05/2022

1.

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Shakeel Mohammed Son Of

Shri Mahboob Khan. The petitioner has been arrested in

connection with FIR No. 34/2022 registered at Police Station

Khandela, District Sikar for the offence(s) under Sections 363 &

366 of IPC.

2.

Learned counsel for the accused-petitioner submits that a

false case has been foisted against the petitioner. He submits that

from the bare perusal of the statement of the prosecutrix it would

revealed that she was all over a consenting party, her date of birth

has only been mentioned. Serious questions have been raised

regarding the sanctity of documents pertaining to her date of

birth. He further submits that even she has not levelled any

allegations against the petitioner in her statement recorded under

(2 of 2)

[CRLMB-7633/2022]

Section 164 of Cr.P.C. Challan has been filed. The case is triable by

the court of Magistrate. He is behind the bars since long time. No

useful purpose would be served by keeping him behind the bars

till disposal of the case.

3.

Per contra, learned Public Prosecutor opposed the bail

application.

4.

Heard learned counsel for both the parties. Perused the

entire material made available on record. Considering the

arguments advanced by the counsel for the parties and looking to

the overall facts and circumstances of the 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 named above

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.

(FARJAND ALI),J

GAURAV SHARMA /150