Justice Vijay Bisnoi granted bail under Section 439 Cr.P.C. to the petitioner accused in Section 376(D) IPC rape case, without expressing an opinion on the merits, directing release on a personal bond with sureties.
Petitioner granted bail on a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6134/2019
Akbar Khan S/o Shri Hameed Khan, Aged About 30 Years, By Caste Muslim, Resident Of Daudsar, District Bikaner. (At Present Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Nishant Bora |
|---|---|
| For Respondent(s) | : Mr. S.K. Bhati, PP with Mr.Ravindra Khichi, APP |
| Mr. Kunal Kalla, for complainant |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
17/07/2019
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.45/2019 of Police Station Jamsar, Distt. Bikaner for the offence(s) punishable under Section(s) 459, 376(D), 341, 323 and 34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation of sexual assault levelled against the petitioner is false. It is submitted that though the prosectrix has alleged that the petitioner along with his brother Farooq had sexually assaulted her in the night of 23.4.2019, but the said
(2 of 2)
[CRLMB-6134/2019]
allegation is false and the true story is that Farooq and the prosecutrix are in relation from some time and when Farooq visited prosecutrix's house in the night on her call, her brother and other relatives caught them red handed and, thereafter, this false FIR has been lodged against the petitioner because he is a government servant. It is further submitted that petitioner is in judicial custody and trial of the case is likely to take time.
Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Akbar Khan S/o Shri Hameed Khan shall be released on bail in connection with FIR No.45/2019 of Police Station Jamsar, Distt. Bikaner provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
2-msrathore/-
2 issues framed by the court
Whether bail is maintainable and just and proper to be granted in an offense punishable under Section 376(D) IPC.
Whether the allegation of false implication is a ground for granting bail.
2 provisions across 2 enactments
Akbar Khan S/o Shri Hameed Khan
State Of Rajasthan
Vijay Bisnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
