Iqbal @ Guman Singh vs State on 17 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 10093 / 2017
Iqbal @ Guman Singh S/o Ukil @ Vakil, Aged About 26 Years, By
Caste Nat, R/o Nat Basti, Masuriya, P.S. Pratap Nagar, Jodhpur (At
Present Lodged in Central Jail Jodhpur)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr. N.K. Bohra.
For Respondent(s) : Mr. Deepak Choudhary, Public Prosecutor.
For Complainant(s) : Mr. Ganpat Singh Rathore.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
17/11/2017

The instant bail application under Section 439 Cr.P.C. is

arising out of FIR No.366/2017, registered at Police Station Pratap

Nagar, District Jodhpur for offence under Sections 341, 323, 354,

498A 376/511 IPC and Sections 7 8 of the POCSO Act.

It is argued by learned counsel for the petitioner that he has

been falsely implicated in the matter. Learned counsel further

submits that in fact FIR was lodged by complainant due to some

misunderstanding but subsequently the dispute has been resolved

and now the complainant is not interested in pursuing the matter.

Lastly, learned counsel has contended that there is no allegation of

any overt-act against the petitioner much less commission of

sexual offence in the matter.
(2 of 2)
[CRLMB-10093/2017]

Learned Public Prosecutor has opposed the bail application of

petitioner.

Learned counsel appearing for the complainant has very

candidly submitted that the FIR in fact was lodged due to some

misunderstanding. It is also contended that accused-petitioner

and complainant are closely related and the misunderstanding has

been sorted out and now the complainant is not interested to

pursue the matter.

I have heard learned counsel for the petitioner, learned

Public Prosecutor as well as learned counsel for the complainant

and perused the materials available on record.

Having regard to the facts and circumstances of the case,

while refraining to make any comment on merits, I feel persuaded

to enlarge the petitioner on bail.

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

allowed and it is ordered that accused-petitioner Iqbal @ Guman

Singh S/o Ukil @ Vakil, arrested in connection with F.I.R.

No.366/2017, Police Station Pratap Nagar, District Jodhpur, may

be released on bail; provided he furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/- each to the

satisfaction of learned trial Court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(P.K. LOHRA), J.

Twinkle Singh/24

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