Iliyas vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.73/2019 of Police Station Shakkargarh, District Bhilwara for the offences punishable under Sections 457, 380, 354 and 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that initially the complainant-prosecutrix in the FIR as well as in her statements recorded under Section 161 Cr.P.C. has stated that the petitioner entered into her house and outraged her modesty and when her family members came there, he ran away from the scene of crime and her family members found that Rs.50,000/-are missing from the house. It is submitted that later on the complainant-prosecutrix in her statements recorded under Section 164 Cr.P.C. has alleged that the petitioner came to her house in the night and sexually assaulted her for five times. It is submitted that the complainant-prosecutrix in those statements has not alleged that the petitioner stole some property. Learned counsel for the petitioner has submitted that from the above, it is clear that the allegations levelled against the petitioner by the complainant-prosecutrix in her complaint as well as in her statements recorded under Sections 161 and 164 Cr.P.C. are false. It is also submitted that the age of the complainant-prosecutrix is 21 years and she is in relation with the petitioner and when the petitioner came to meet her in her house her family members came there and thereafter this false FIR was lodged. It is submitted that the petitioner is in judicial custody and the interrogation from him is over.

Learned Public Prosecutor has opposed the bail application. 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.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Iliyas S/o Yakub Baig shall be released on bail in connection with FIR No.73/2019 of Police Station Shakkargarh, District Bhilwara 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.