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Rajasthan High Court · body

2017 DIGILAW 348 (RAJ)

ABDUL SHAKOOR v. STATE OF RAJASTHAN

2017-01-31

BANWARI LAL SHARMA

body2017
ORDER : BANWARI LAL SHARMA, J. 1. The present Misc bail application under Section 439 Cr.P.C. is preferred by the Accused/ petitioner Abdul Shakoor in the matter of FIR No. 176/2015 registered at Police Station Nawalgarh, District Jhunjhunu for offences punishable under Sections 384, 376 I.P.C. and Section 5 and 7 of the Drugs and Magic Remedies (Objectionable Advertisement) Act 1954. 2. Learned Counsel for petitioner Mr. Rajneesh Gupta submits that prosecutrix PW-7 during trial turned hostile, she didn't support the prosecution case, petitioner is in custody since last 20 months, therefore petitioner may be released on bail. 3. Learned Public Prosecutor Mr. Anil Yadav opposed the bail application. 4. I have considered the submissions made at bar. 5. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and without expressing any final opinion on the merit and demerit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner Abdul Shakoor. 6. Consequently, the bail application filed under Section 439 Cr.P.C. of accused-petitioner Abdul Shakoor is allowed. 7. Therefore, it is ordered that the accused-petitioner Abdul Shakoor S/o Hussain in FIR No. 176/2015 registered at Police Station Nawalgarh, District Jhunjhunu, shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- (Rs. Two Lakhs) and two surety bonds of Rs. 1,00,000/- (Rs. One Lakh) each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.