Nasir Mohammed vs State

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.100/2020, Police Station Kareda, District Bhilwara for the offence under Sections 376, 376/D, 384 & 292 of IPC and under Sections 3/4 , 7/8 & 16/17 of POCSO Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that petitioner's house is opposite the house of Mst. 'K'. Since the petitioner was outside his house, there is no question of keeping a watch on the principal accused. He further submits that there is no allegation of rape against the present petitioner. Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Nasir Mohammed S/o Sh. Ramzan Khan arrested in connection with F.I.R. No.100/2020, Police Station Kareda, District Bhilwara shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)each to the satisfaction of the 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.