Taukir Khan vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14-A (2) of SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.3/2024 registered at Police Station Mahila Thana Sirohi, District Sirohi, for the offences under Sections 376(2)(n) of IPC and Sections 3(1)(w)(i)(ii), 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 16.02.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sirohi in Misc. Bail Case No. 98/2024 (CIS No.98/24) whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the parties at Bar and perused the material available on record.

Leaned counsel for the appellant submitted that the prosecutix is a mature woman. Drawing attention of the Court towards the FIR, learned counsel submitted that the appellant and prosecutrix were in consensual relationship from more than past 1½ years, however, on their relation between them turning strained and in order to teach a lesson to the appellant, the prosecutrix has foisted a false FIR against him. Learned counsel submitted that the appellant in judicial custody and the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

Per Contra, learned Public Prosecutor has opposed the prayer for bail.

Having regard to the entirety of facts and circumstances as available on record, this Court prima facie finds that sufficient material is available on record indicating a long consensual relationship between the appellant and prosecutrix. This Court also prima facie finds that the prosecutrix maintained her relationship with the appellant for about one and a half year without any protest or objection and also started living in a rented accommodation upon being asked by the appellant. This Court also prima facie finds that as per perosecutrix, while she was in relationship with the appellant her obscene photographs were captured by him and she was threatened to continue relationship with him otherwise her obscene photographs will be made viral, however, the investigating agency during the course of investigation has not recovered any such photographs and the appellant has not even been chargesheeted for any of the offences under the Information Technology Act, 2000. This Court also finds that the prosecution has not shown any apprehension of the petitioner influencing the prosecution witnesses or tampering with evidence, in case he is enlarged on bail. Thus, this Court is of the prima facie opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 16.02.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Sirohi, in Misc. Bail Case No.98/2024 (CIS No.98/2024) is set aside. It is ordered that the accused-appellant Taukir Khan S/o Shri Umar Khan Makrani arrested in connection with F.I.R. No.3/2024 registered at Police Station Mahila Thana Sirohi, District Sirohi shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.