HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan
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
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)
Learned Public Prosecutor has opposed the bail application of
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.