Munne Khan vs State
2021 Latest Caselaw 8148 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2944/2021

Munne Khan S/o Ramzan Khan, Aged About 45 Years, Bithnok, Ward No. 06, Police Station Kolayat, District Bikaner. (At Present Lodged In Central Jail Bikaner).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.39/2021 of Police Station Nayashahar, District Bikaner

for the offence(s) punishable under Section(s) 376(2)(N)

and 376-D IPC. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation of sexual assault, levelled against the

petitioner, is absolutely false. It is argued that as a

matter of fact, daughter of the complainant eloped with

the petitioner's son and for that reason, this false FIR has

been lodged against the petitioner alleging that he is

sexually assaulting the prosecutrix since 2015. It is

(2 of 2) [CRLMB-2944/2021]

submitted that the petitioner is in custody since

27.1.2021.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, after going through the case

diary, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the

petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Munne Khan S/o Ramzan Khan shall be

released on bail in connection with FIR No.39/2021 of

Police Station Nayashahar, District Bikaner provided he/she/they execute(s) a personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court

for his/her/their appearance before that court on each

and every date of hearing and whenever called upon to

do so till the completion of the trial.

(VIJAY BISHNOI),J

14-msrathore/-

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