Allowed

Bhanwaru Khan v. State of Rajasthan

Rajasthan HC12 Jul 2022CRLMB/5129/2022

Case brief

AI extract

What is this about?

This bail application was allowed for an accused facing rape charges. The court directed the release of the petitioner on executing a personal bond along with two sureties, noting prosecutrix's prior allegations against her husband without commenting on merits.

What did the court decide?

Petitioner released on bail by executing personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Bhanwaru Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5129/2022

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Bhanwaru Khan S/o Sh. Jeevan Khan, Aged About 55 Years, Khunkhuna Ki Dhani, Khunkhuna, P.s. Khunkhuna Teh. Deedwana Dist. Nagaur. (At Present Lodged In Sub Jail, Sujangarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Ravindra Kumar Acharya
For Respondent(s)	: Mr. Mukesh Trivedi, P.P.
	Mr. Ravi Kant Chotia, for the
	complainant

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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12/07/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.200/2021 of Police Station Bidasar, District Churu for the offences punishable under Sections 342, 354 and 376(D) of IPC.

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Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.

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Learned counsel for the applicant submits that marriage of the prosecutrix “s” with Jabid has been dissolved after divorce. Her third marriage was solemnized with Latif, co-accused in this case, she has levelled false allegation of rape against the present applicant, Latif and other persons. In First Information Report, which was lodged on 11.12.2021, allegation of rape has not been

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(2 of 2) [CRLMB-5129/2022]

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levelled against anyone including the applicant. After investigation, challan has already been filed against Latif for the offences punishable under Sections 342, 376(2) and 376(D) IPC and against Bhanwaru Khan for the offence punishable under Section 376(D) IPC.

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Learned counsel for the complainant has no objection if applicant is released on bail, however, learned Public Prosecutor opposes the bail application.

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Having regard to the rival submission made by learned counsel for the parties and the material available on record, in the facts and circumstances of the case, without commenting on the merits, particularly looking to the fact that the prosecutrix, in another FIR No.176/21 lodged against her husband Jabid, averred that she had entered into marriage with Jabid, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.

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Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Bhanwaru Khan S/o Sh. Jeevan Khan shall be released on bail in connection with FIR No.200/2021 of Police Station Bidasar, District Churu provided he executes a personal bond in a sum of Rs.1,00,000/(Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(RAMESHWAR VYAS),J

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16-Taruna/Samvedana

Bhanwaru Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwaru Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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