HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8448/2018
Esuf Khan S/o Shri Nissar Khan, Aged About 24 Years, B/c
Muslim, R/o Silawato Ka Bass, Balesar, Distt. Jodhpur
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Kaushal Sharma
For Respondent(s) : Mr. Pankaj Awasthi, PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
20/09/2018
This anticipatory bail application has been filed by the
petitioner apprehending his arrest in connection with FIR
No.139/2018, Police Station Boranada, District Jodhpur for the
offences under Sections 354 IPC and Section 7/8 of POCSO Act.
Learned counsel for the petitioner submits that compromise
has been arrived at between the parties and the father of the
prosecutrix also appeared before the Investigating Officer and
submitted the compromise. In such circumstances, no useful
purpose would be served by sending the petitioner behind the
bars for indefinite time. Thus, the petitioner may be released on
anticipatory bail.
Learned Public Prosecutor opposed the prayer for
anticipatory bail.
Heard the learned counsel for the parties and perused the
impugned order.
(2 of 2) [CRLMB-8448/2018]
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the bar, this
Court is of the opinion that it is a fit case for grant of anticipatory
bail to the petitioner under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner Esuf Khan S/o Shri Nissar
Khan in connection with FIR No.139/2018, Police Station
Boranada, District Jodhpur, the petitioner shall be released on bail;
provided he furnishes a personal bond in the sum of Rs.1,00,000/-
along with two sureties of Rs.50,000/- each to the satisfaction of
the concerned Investigating Officer/S.H.O. on the following
conditions :-
(i). that the petitioner shall make himself available for
interrogation by a police officer as and when required;
(ii). that the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or any police officer; and
(iii). that the petitioner shall not leave India without previous
permission of the court.
(MANOJ KUMAR GARG),J
Ms/-82
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