Sohil Khan vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.169/2022, Police Station Hamirwas, District Churu for the offences punishable under Sections 457, 376(2)(N) & 342 of Indian Penal Code and Sections 5 & 6 of the POCSO Act, 2012.

Learned counsel for the petitioner submits that according to the statement of prosecutrix recorded under Section 161 Cr.P.C., no allegation of rape has been levelled against the petitioner but later on, in the statement recorded under Section 164 Cr.P.C., an allegation of rape has been made by the prosecutrix against the petitioner, which is nothing but an afterthought. Challan of the case has already been presented. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time.

Therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Sohil Khan S/o Jabbar Khan, shall be enlarged on bail in F.I.R. No.169/2022, Police Station Hamirwas, District Churu provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.