Gafoor Khan And Ors vs State Of Rajasthan

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record.

The petitioners have been arrested in FIR No.101/2020 of P.S. Mahila Thana, Jaisalmer for the offences punishable under Sections 363, 366A, 376

IPC; Section 3/4,7/8 POCSO Act and Section 3(2)(v) of Prevention of Atrocities Act. They have preferred this bail application under Section 439

Cr.P.C.

Counsel for the petitioner has drawn attention of Court to the statement under Section 164 Cr. P.C. rendered by the prosecutrix.

There is no allegation of rape in the statement under Section 164 Cr. P.C.

Learned Public Prosecutor and counsel for the complainant vehemently opposed the bail applications.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Gafoor Khan S/o Sh. Chanane Khan

and (2) Swaroop Khan S/o Shri Ramjoo Khan shall be released on bail in connection with FIR No.101/2020 of P.S. Mahila Thana, Jaisalmer provided

each of them execute 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 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.