Mochare Khan @ Mukkey Khan vs State Of Rajasthan

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

The petitioner has been arrested in connection with FIR No.2/2019 of Police Station Ramgarh, District Jaisalmer for the offences punishable under Sections 323, 376/120B, 450 and 109 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as a matter of fact, the complainant and two other persons assaulted the petitioner on 18.12.2018 and in relation to that FIR No.82/2018 was filed on behalf of him in which the complainant Gulsher Khan, Jaam Khan and Raju Khan were arrested by the police and in that matter investigation is going on and in counter to the said FIR, this false FIR has been lodged against the petitioner on 2.1.2019. Learned counsel for the petitioner has submitted that there is inordinate delay in filing the FIR and allegation of sexual assault against the petitioner is false. It is also argued that from the medical examination report of the prosecutrix also, the allegation of sexual assault is not corroborated.

Per contra learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has specifically alleged that in the night of 18.12.2018, the petitioner entered into her house and sexually assaulted her and it is also submitted that delay in filing the FIR has been very well explained.

Having regard to the totality of the facts and circumstances of the case and having gone through the case diary, 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mochare Khan @ Jmukkey Khan S/o Shri Alabax shall be released on bail in connection with FIR No.2/2019 of Police Station Ramgarh, District Jaisalmer 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.