Smt Heena 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 apprehends her arrest in connection with FIR No.22/2019 of Police Station Udaimandir, District Jodhpur for the offences punishable under Sections 363, 376, 354-A IPC and Sections 3/4, 11/12 and 16/17 of POCSO Act. She has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that as a matter of fact the prosecutrix eloped with co-accused Abdul Khalid @ Shahrukh on 16.12.2018 and come to the house of the petitioner. It is submitted when the petitioner came to know about the fact that the prosecutrix eloped with co-accused Abudl Khalid @ Shahrukh against the wishes of her family members, she immediately brought the prosecutrix to the police station. It is submitted that the allegation against the petitioner of this effect that she conspired with co-accused Abdul Khalid @ Shahrukh to commit crime is false. It is also submitted that pursuant to the direction given by this court on 12.03.2019, the petitioner has appeared before the Investigating Officer, who has thoroughly interrogated her.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Smt Heena W/o Sajid Khan in FIR No.22/2019 of Police Station Udaimandir, District Jodhpur she shall be enlarged on bail provided she furnishes 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 the concerned I.O./S.H.O. on the following conditions:-

(i) She shall make herself available for interrogation by Investigating Officer as and when required;

(ii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) She shall not leave India without the previous permission of the court.