Sadiq Mohammed vs State of Rajasthan

Sandeep Mehta, J.—Heard learned Counsel for the Applicant and the learned Public Prosecutor.

Learned Counsel for the Petitioner place reliance on the statements of the prosecutrix recorded u/s 164 Code of Criminal Procedure submitted that allegations of rape has been levelled by the prosecutrix against the co-accused, namely, Raju; and the Petitioner is simply said to have accompanied them at the initial stage. He further submitted that there is no allegation of committing rape against the Petitioner.

Learned Public Prosecutor opposed the bail application.

Keeping in view the fact that there is no allegation of rape against the Petitioner in the statements of the prosecutrix u/s 164 Code of Criminal Procedure And considering the totality of facts and circumstances, the bail application preferred u/s 439 Code of Criminal Procedure deserves acceptance.

Accordingly, the bail application is allowed, it is directed that Applicant Sadiq Mohammed S/o Chand Mohd. Mansuri, shall be released on bail in FIR No. 34/2011 at P.S. Rayla, District Bhilwara provided he executes a personal bond for a sum of Rs. 30,000/- along with two sound and solvent sureties in the sum of Rs. 15,000/- 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.