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2019 DIGILAW 2633 (RAJ)

Hanif Khan v. State of Rajasthan

2019-10-03

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in FIR No.195/2017 of Police Station Gida, District Barmer for the offences punishable under Sections 341, 342, 343, 366, 376(D) and 120-B IPC. He has preferred this third bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the first bail application of the petitioner was dismissed by this Court vide order dated 15.12.2018 while granting liberty to him to file fresh bail application before the trial court after recording of the statements of the prosecutrix. 4. It is submitted that now the statements of the prosecutrix have been recorded before the trial court as PW-1, wherein though, in her examination-in-chief, she has alleged that the petitioner took her away and thereafter sexually assaulted her, however, in her cross-examination, she has specifically stated that she did not visit house of any Mohammedan and the said statement of her, while in police interrogation, is false. It is also submitted that the prosecutrix in her cross-examination has admitted that from the day of her abduction and up to her recovery by the police, main accused Lalaram remained with her and she visited several places with him. It is further submitted that the prosecutrix, in her cross-examination, has admitted that her police statements and videography were recorded by the senior officer, in which she stated that nobody sexually assaulted her. It is submitted by learned counsel for the petitioner that from the testimony of the prosecutrix, it is clear that the petitioner has falsely been implicated in this case. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case and after perusing the material particularly the statements of the prosecutrix recorded before the trial court as PW-1, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. 6. Having regard to the totality of the facts and circumstances of the case and after perusing the material particularly the statements of the prosecutrix recorded before the trial court as PW-1, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Hanif Khan S/o Khamisha Khan shall be released on bail in connection with FIR No.195/2017 of Police Station Gida, District Barmer provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.