Rajasthan High Court - Jodhpur
Shakil Khan @ Chotu Khan vs State on 29 January, 2021
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13693/2020
Shakil Khan @ Chotu Khan S/o Hajari Khan, Aged About 25
Years, R/o Nrisinghpura Sojat City Tehsil Sojat Police Thana Sojat
City Dist. Pali Rajasthan. (Presently Lodged At Sub Jail, Sojat
City).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Mujibur Rahman Tak.
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA with
Mr. B.R. Bishnoi, AGC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 29/01/2021 Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.182/2020, registered at Police Station Sojat City, District Pali for the offences under Sections 366, 376(2) (N), 368 and 506 IPC.
The prosecutrix is a major married woman aged 22 years. As per the versions set out in the FIR, the statement under Section 161 as well as statement under Section 164 Cr.P.C., the prosecutrix voluntarily accompanied the petitioner for visiting certain places. She accompanied the petitioner in a car and went to Ajmer where they stayed in a hotel for three days. In this (Downloaded on 29/01/2021 at 08:49:54 PM) (2 of 2) [CRLMB-13693/2020] duration, the prosecutrix alleged that the petitioner gave her some intoxicants and then committed rape with her. From Ajmer, both went to Abu Road where prosecutrix readily wore a burqa. From Ajmer, they went to Pali and stayed in a hotel for six days where also, the alleged acts of sexual assault continued. At the conclusion of the statement under Section 164 Cr.P.C., the prosecutrix categorically stated that she was involved in a friendship with Shakil and used to talk to him almost everyday.
In wake of the facts noted herein above, this Court is convinced that the defence theory of consensual relationship between the two major persons is not without merit.
In this view of the matter and, having regard to the facts and circumstances available on the record, but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Shakil Khan @ Chotu Khan arrested in connection with the F.I.R. No.182/2020, registered at Police Station Sojat City, District Pali 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.
(SANDEEP MEHTA),J 12-Tikam/-
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