Bail application allowed. The Court observed discrepancies and material improvements in the prosecutrix's statements, noting the petitioner was not implicated in the rape allegation. Considering the long trial duration and co-accused bail, liberty was favored.
Bail granted upon furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1351/2024
Kadu Khan S/o Khan Mohammad Alias Khanu Khan, Aged About 33 Years, R/o Magriyan Ki Dhani Rahi Satyaya, P.s. Nachna, Dist. Jaisalmer. (Raj.). (Presently Lodged In Dist. Jail Jaisalmer)
----Petitioner
----Respondents
| For Petitioner(s) | : Nr,Dinesh Godara |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar, PP |
| Mr. R.K. Purohit |
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/02/2024
| S.No. | Particulars o | f the Case |
|---|---|---|
| 1. | FIR Number | 83/2023 |
| 2. | Concerned Police Station | Nachna |
| 3. | District | Jaisalmer |
| 4. | Offences alleged in the FIR | Section 376-D of the IPC |
| 5. | Offences added,if any | Section 342 of the IPC |
| 6. | Date of passing of impugned order |
07.12.2023 |
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incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accusedpetitioner and he has been made an accused based on conjectures and surmises.
4.Have considered the submissions made by both the parties and have perused the material available on record. It is imperative to consider the statement of prosecutrix as well as her mother recorded under Section 164 CrPC wherein they have stated that the petitioner was liable to the extent of holding her mother while co-accused Kadru Khan raped her and no allegations of rape have been leveled against the petitioner. The allegation that the prosecutrix was photographed and blackmailed was added in the statements recorded under Sections 161 and 164 of CrPC and the same was not mentioned in the FIR. Another addition was made in the statements recorded under Section 164 CrPC that she was raped at knife-point whereas in the FIR as well as in the statement recorded under Section 161 CrPC, there was no mention of knife. At the stage of
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investigation, when material improvements is made by the victim, it is felt that regular bail can be granted to the accused in light of the serious discrepancies revealing from the record as well as considering that the trial will take long time to conclude. Moreover, it is manifesting, from the interrogation note of co-accused Kadru Khan that the petitioner was not liable for commission of rape. Additionally, doubt is also cast on the story of the prosecution where she has stated that her mother was accompanying her as coaccused Kadru Khan has stated in his interrogation that the prosecutrix was being accompanied by her boyfriend. The genuineness of the allegations is a matter to be adjudged after appreciation of evidence during trial and therefore, it is made clear that the above observations shall not influence the trial judge in any manner while presiding over the matter. Thus, taking into consideration the facts and circumstances of the case, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
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(FARJAND ALI),J
90-Mamta/-
1 issue framed by the court
Whether the allegations against the petitioner disclose a prima facie case warranting denial of bail?
3 provisions across 2 enactments
Kadu Khan
State Of Rajasthan
Raiisha
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
