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Rajasthan High Court · body

2019 DIGILAW 297 (RAJ)

Shakur Khan v. State of Rajasthan, Through PP

2019-01-23

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 134/2018 of Police Station Shergarh for the offences punishable under Sections 376-D,A, 366-A, 457 IPC and Section 5(G/6) of the POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and the allegation of sexual assault on the prosecutrix on 30.7.2018 and 31.7.2018 is false. It is submitted that the complaint regarding the alleged incident was filed by complaint - Aarab Khan before the S.P., Jodhpur Rural on 14.8.2018 for the first time. It is further submitted that after registration of the FIR in relation to the alleged incident on 18.8.2018, statement of the prosecutrix was recorded on 29.8.2018 and she in her statement recorded under Section 161 Cr.P.C. has specifically stated that the petitioner or any other person had not sexually assaulted her. It is submitted that the prosecutrix has also stated in her statement that the allegation of sexual assault levelled against the petitioner and the other person is false. She has further stated that she want to marry with the petitioner, however, her uncle and others got the petitioner arrested after calling him to her house. It is further submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has levelled vague allegation of sexual assault against the petitioner and other and the statement was given by the prosecutrix under the pressure of her family members. It is submitted that charge-sheet has been filed in the matter. 4. Learned Public Prosecutor has opposed the bail application. 5. 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 accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Shakur Khan S/o Jale Khan s hall be released on bail in connection with FIR No. 134/2018 of Police Station Shergarh he executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Shakur Khan S/o Jale Khan s hall be released on bail in connection with FIR No. 134/2018 of Police Station Shergarh he executes 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.