Shabbir Khan Vs. the State of Rajasthan Through Public Prosecutor

Shabbir Khan vs The State of Rajasthan Through Public Prosecutor

Type Court Judgment Court Rajasthan Decided Jul 06, 2011

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https://sooperkanoon.com/case/920521

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Citation: sooperkanoon.com/920521
Court: Rajasthan High Court
Judge: Mohammad Rafiq, J.
Decided On: Jul 06, 2011
Case Number: Case No. CRLMB - 3851 of 2011
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: Code Of Criminal Procedure (CRPC) - Section 438; Indian Penal Code (IPC) - Sections 376

Parties & Advocates

Appellant / Petitioner

Shabbir Khan

Advocate Shri Amir Aziz, Adv

Respondent

The State of Rajasthan Through Public Prosecutor

Advocate Shri, Sanjeev Kumar Mahala, Adv

Legal References

Acts: Code Of Criminal Procedure (CRPC) - Section 438; Indian Penal Code (IPC) - Sections 376

Excerpt

.....be of 24.07.2010. the date of birth of petitioner, according to school certificate, is 20.08.1994. the age on the date of incident he was less than 16 years. in fact the actual dispute was between the petitioner and javed, son of prosecutrix, and that has been made out the false case. the prosecutrix is aged 42 years and mother of four children. the eldest daughter of the prosecutrix is elder than the petitioner and javed, son of prosecutrix, is also more than 11 years. 3. learned public prosecutor opposed the bail application. 4. taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, i allow this bail application under section 438 cr.p.c. 5. therefore, the sho/i.o. of police station nagar, district bharatpur, is directed that in the event of arrest of the petitioner, namely, shabbir khan son of shri juhru, resident of nagla shyam, police station nagar, district bharatpur, in fir no.291/2010, registered under section 376 of the ipc, he shall enlarge him on bail provided he furnishes a personal bond in the sum of rs.50,000/- (rupees fifty thousand only) with one surety of the like amount to his satisfaction on the following conditions:- 1. he shall make himself available for interrogation by investigating officer as and when required; 2. he 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 to any police officer; 3. he shall not leave india without the previous permission of the court. 6. the bail application stands disposed of.

Full Judgment

1. Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

2. Contention of learned counsel for petitioner is that allegation against petitioner is culpably false. It has been alleged that he exploited the prosecutrix and had been doing so at the gun point for last four years. The first information report has been registered on 27.07.2010 and the alleged incident is said to be of 24.07.2010. The date of birth of petitioner, according to school certificate, is 20.08.1994. The age on the date of incident he was less than 16 years. In fact the actual dispute was between the petitioner and Javed, son of prosecutrix, and that has been made out the false case. The prosecutrix is aged 42 years and mother of four children. The eldest daughter of the prosecutrix is elder than the petitioner and Javed, son of prosecutrix, is also more than 11 years.

3. Learned Public Prosecutor opposed the bail application.

4. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C.

5. Therefore, the SHO/I.O. of Police Station Nagar, District Bharatpur, is directed that in the event of arrest of the petitioner, namely, Shabbir Khan Son of Shri Juhru, Resident of Nagla Shyam, Police Station Nagar, District Bharatpur, in FIR No.291/2010, registered under Section 376 of the IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety of the like amount to his satisfaction on the following conditions:-

1. He shall make himself available for interrogation by Investigating Officer as and when required;

2. He 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 to any Police Officer;

3. He shall not leave India without the previous permission of the Court.

6. The bail application stands disposed of.

Same Court & Year Rajasthan · 2011 Same Parties Shabbir Khan vs The State of Rajasthan Through Public Prosecutor Same Subject Criminal Same Judge Mohammad Rafiq, J. Acts & Sections Code Of Criminal Procedure (CRPC) - Section 438; Indian Penal...