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2021 DIGILAW 2363 (RAJ)

Nasir Khan v. State of Rajasthan

2021-12-17

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - The present 6th bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.196/2018, Police Station Ladnun, District Nagaur for the offence punishable under Sections 376(1) in alternate 376D, 384, 354C, 354D and 120-B of IPC and Sections 67 and 67A of I.T. Act. 2. The fifth bail application of the petitioner was dismissed on 23/11/2021 by this Court. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after dismissal of the fifth bail application of the petitioner, the prosecutrix Mst.?A? has entered into the compromise with three persons, namely, Farooque, Javed Khan and Rustam Khan and the FIR against the above named persons has been quashed by this Court vide order dated 01/12/2021. Learned counsel submits that the principal accused persons have not been arrested till date. He submits that in view of the fact that Mst.?A? is trying to extort money from all the persons by involving them in this case and the same is evident from the fact that she has compromised with three persons, namely, Farooque, Javed Khan and Rustam Khan, the credibility of the statement of PW.2 Mst.?A? is seriously under cloud. Learned counsel for the petitioner further submits that even she has compromised with the petitioner and has filed an affidavit before learned trial Court but the learned trial Court has not taken on record the same. The affidavit has been produced before this Court. 5. The fact of compromise is not disputed by learned counsel appearing on behalf of the complainant. 6. Learned counsel for the petitioner further submits that the petitioner is facing incarceration for more than half and three years. He, therefore, prays that the petitioner may be enlarged on bail. 7. The learned Public Prosecutor opposes the bail application. 8. I have considered the submissions made at the Bar and I have gone through the relevant documents as well as record. 9. It is a fact that there are serious allegations against the number of persons including the petitioner and Farooque, Javed Khan and Rustam Khan. 7. The learned Public Prosecutor opposes the bail application. 8. I have considered the submissions made at the Bar and I have gone through the relevant documents as well as record. 9. It is a fact that there are serious allegations against the number of persons including the petitioner and Farooque, Javed Khan and Rustam Khan. The fact that compromise has been entered into between the complainant and Farooque, Javed Khan and Rustam Khan and the FIR against those persons have been quashed and further she has also entered into compromise with the petitioner shows that the conduct of the complainant Mst.?A? is not good and she is trying to extort money from all these persons. Thus, the statement of PW.2 Mst.?A?. under these circumstances, is seriously under cloud. The petitioner has suffered incarceration for more than three and half years. 10. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is entitled for the grant of bail under Section 439 Cr.P.C. 11. Consequently, the 6th bail application is allowed. It is ordered that the accused-petitioner Nasir Khan S/o Inayat Khan arrested in connection with FIR No.196/2018, Police Station Ladnun, District Nagaur , shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.