Jakir 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 petitioner has been arrested in connection with FIR No.319/2020 of Police Station Rohat, Pali for the offences punishable under Sections 456 &

376 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has pointed out the language of the FIR, which is common with the statement rendered by the prosecutrix under

Section 164 Cr.P.C., which reflects that the incident of rape had happened on 11.11.2020 at about 10:30 p.m., when the prosecutrix was sleeping in

her room alongwith her husband and children.

Learned counsel for the petitioner further submits that the prosecutrix has reiterated the same stand in her statement rendered under Section 164

Cr.P.C. that her husband and children were, at the relevant time, sleeping in the same room on the alongside cot. Learned counsel for the petitioner

thus submits that it is unimaginable that despite the fact that the husband and children of the prosecutrix, who were sleeping on the alongside cot in the

same room, have not tried to stop happening of the incident in question.

Learned Public Prosecutor opposes the bail application, but is unable to refute the aforementioned contents of the statement of the prosecutrix

rendered under Section 164 Cr.P.C.

After hearing learned counsel for the parties as well as perusing the record of the case, alongwith the case diary and the statement rendered by the

prosecutrix under Section 164 Cr.P.C., this Court is of the opinion that the story of the prosecution/investigation is very doubtful, and thus, there is no

reason why the custody of the present petitioner in this case should be continued at this stage.

Thus, 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, but without expressing any opinion on the merits of the case, this Court deems 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 Jakir S/o Abdul Jabar shall be released on

bail in connection with FIR No.319/2020 of Police Station Rohat, Pali 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.