Allowed

Hazur Khan @ Babu Khan v. State of Rajasthan

Rajasthan HC12 Mar 2024CRLMB/1998/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur allowed a second bail application filed by an accused arrested for offences under Sections 365, 376, and 376D IPC. The court granted bail prima facie observing that the prosecutrix turned hostile and did not allege forcible sexual assault, nor was there apprehension of witness tampering. A bond of Rs. 50,000 and two sureties of Rs. 25,000 each were directed.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to be submitted to the trial court.

Hazur Khan @ Babu Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JD:11869]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous 2^nd Bail Application No. 1998/2024

¶4

Hazur Khan @ Babu Khan S/o Shri Habib Khan, Aged About 20 Years, R/o Ujjala P.S. Pokhran, Dist. Jaisalmer (Raj.) (Presently Lodged In Sub Jail, Pokaran)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through PP

¶8

----Respondent

¶9

For Petitioner(s)	: None Present
For Respondent(s)	: Mr. S.K. Bhati,PP
	Mr. Prakash Panwar,AGA

¶10

HON'BLE MR. JUSTICE KULDEEP MATHUR

¶11

Order

¶12

12/03/2024

¶13

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.51/2022, registered at Police Station Ramdeora, District Jaisalmer, for the offences under Sections 365, 376 & 376D IPC.

¶14

The first bail application (S.B. Criminal Miscellaneous Bail Application No.5222/2023) was dismissed as not pressed with liberty to file a fresh bail application after recording the statements of the prosecutrix by this Court vide order dated 17.07.2023.

¶15

Heard learned Public Prosecutor. Perused the statements of the prosecutrix as PW.1 recorded before the competent criminal court on 07.02.2024.

¶16

Having considered the rival submissions, facts and circumstances of the case and after perusal of the statements of

[CRLMB-1998/2024]

[2024:RJ-JD:11869]

(2 of 2)

the prosecutrix as PW.1, this Court prima facie finds that the prosecutrix during her Court statements has not supported the prosecution story and has turned hostile. In the prima facie opinion of this Court, since the prosecutrix (PW.1) during her Court statements has not levelled any allegation of forcible sexual assault against the present petitioner. Thus, no fruitful purpose would be served by keeping the petitioner in judicial custody for an indefinite period.

¶21

This Court prima facie finds that the prosecution has not shown any apprehension of other material witnesses of the case being influenced by the petitioner in case, he is enlarged on bail. Thus without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

¶22

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Hazur Khan @ Babu Khan S/o Shri Habib Khan arrested in connection with F.I.R. No.51/2022, registered at Police Station Ramdeora, District Jaisalmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

¶23

(KULDEEP MATHUR),J

¶24

32-himanshu/-

Hazur Khan @ Babu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hazur Khan @ Babu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Omaram Vs State of Rajasthan

Chirag Samdani Vs State of Rajasthan

Madan Mohan Sodhani Vs State of Rajasthan

Javed Siddiqui Vs State of Rajasthan

Dilip Kumar Singh Vs State of Rajasthan

Mangilal Vs State of Rajasthan