Akram Khan & Another vs State Of Madhya Pradesh

Heard on this first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicants in connection with Crime No.03/2019 registered by Police Station Kolar, District Bhopal for offence punishable under Sections 354, 354 (ka), 506 and 376 of the Indian Penal Code.

The case of the prosecution is that, on 31.12.2018 at about 11:00 pm when the prosecutrix, aged about 24 years came to her courtyard to look after her cow, she saw that applicants along with co-accused Islam were hidden in the dark and when she was returning back, they caught hold of her and threatened her regarding her life. They also told that her husband has committed rape with their sister, as such they will also committed the same thing with her. They have taken hold of her mouth and have outraged her modesty by squeezing her breast. They also laid her down on the ground, at that time, her son, aged about 12 years have reached there, looking to him the applicants and co-accused Islam have fled away from the spot. On that basis, Crime No.03/2019 under Section 354, 354 (Ka) (1) (i), 506 and 34 of IPC have been registered against the accused persons. Later on, during the course of enquiry, the complainant has stated same version in her statement recorded on 01.01.2018. On 02.01.2018 her supplementary statements have been recorded and on the same date her statement under Section 164 of Cr.P.C. have also been recorded in which she has narrated that at the time of incident, applicant Aziz has committed forceful sexual intercourse with her but at the time of lodging the FIR she has not narrated this fact to the concerning Police because of defamation. On that basis, offence under Section 376 of IPC has been added in the already registered crime and the applicants have been taken into custody.

Learned counsel or the applicants has submitted that the applicants are innocent and have falsely been implicated in the crime. It is further submitted that the sister of the applicants lodged the FIR against the husband of the prosecutrix in the same Police Station on 17.12.2018. As such the prosecutrix has lodged this false report against the applicants. It is also submitted that the applicants are permanent residents of the address shown in the application. They are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon them. It is also submitted that the applicants have been in custody since 03.01.2019; therefore, it has been prayed that the applicants be released on bail.

Learned Government Advocate for the respondent/ State has vehemently opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.

On perusal of the case diary, there appears to be old rivalry between the parties because the sister of the applicants, namely Ishrat Jahan has lodged the report of rape against Rustam, who is husband of the prosecutrix. At the time of lodging the FIR, the prosecutrix has not narrated the incident alleging forceful intercourse by the applicants. The applicants have been in custody since 03.01.2019.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicants, looking to the allegations made against the applicants and the period of detention of the applicants, in the opinion of this Court, the applicants deserve to be released on bail.

Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants-Akram Khan and Aziz Khan, stands allowed.

It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/-with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

Certified copy as per rules.