Latif vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.200/2021 registered at Police Station Bidasar, District Churu, for offences under Sections 376(2)(n), 376D and 342 IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that co-accused Bhanwaru Khan (S.B. Cr. Misc. Bail Application No.5129/2022) has already been enlarged on bail by a coordinate Bench of this Court vide order dated 12.07.2022. Learned counsel submitted that in the first information report which was lodged by the prosecutrix on 11.12.2021, allegation of rape was not levelled against anyone including the petitioner.

Learned counsel submitted that in view of the fact that co-accused Bhanwaru Khan against whom, exactly identical allegation has been levelled by the prosecutrix, has already been enlarged on bail, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period particularly when no recovery is due to be made from the petitioner.

On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that above named co-accused has already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case so also the fact that above named co-accused has already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Latif S/o Usmangani @ Kalu arrested in connection with F.I.R. No.200/2021 registered at Police Station Bidasar, District Churu, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.