LALU KHAN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Contention of the learned counsel for the petitioners is that false allegations of rape has been made against accused-petitioners, whereas at the relevant time, they had sexual relationship with the prosecutrix for long. Learned counsel for the petitioners in this connection has referred to the complaint filed against the accused under Sec. 109 Crimial P.C. before the SDM Gudabalani, District Barmer dated 16.10.2011. In that, it was alleged that petitioners were found in the company of the prosecutrix sitting in a jeep in suspicious circumstances. The identity of the prosecutrix discovered to be Jamna w/o. Hanuman Ram. Police did not file complaint against her but filed complaint against the present petitioners. Subsequently, it is alleged that petitioners went to the house of the prosecutrix in the night of 19.03.2012. Learned counsel referred in this regard to the statement of the prosecutrix, Hanuman Ram, who stated that when his daughter Malu and his son Mukesh were sleeping in the house, the accused took away his wife and upon hearing her hue and cry, Malu and Mukesh awakened and upon hearing their hue and cry, neighbours were also came there, who have stated that petitioners were seen running from the house of the prosecutrix. In this connection, learned counsel has referred to the statements of Thakraram s/o Bagaram and Mularam s/o Kanaram. Actually, it is a case of consensual sex between the petitioners and the prosecutrix. Now when this news spread over in the entire village, the prosecutrix has made a false allegation against petitioners. There is no explanation why when the accident took place on 19.03.2012, the FIR has been lodged with the delay of two days on 21.03.2012. Challan has been filed. Petitioner are in jail for last more than a month. Trial may take long and there is no chance of their fleeing from justice.

(2.) Learned Public Prosecutor has opposed the bail application.

(3.) Without expressing any opinion on the merits of the case however considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on bail under Sec. 439 Crimial P.C. In the result, this bail application under Sec. 439 Crimial P.C. is allowed and it is directed that petitioners - (1) Lalu Khan s/o Shri Chanesar Khan and (2) Sakhi Khan s/o Shri Saifal Khan shall be released on bail in FIR No.29/2012 registered at Police Station Ramsar, District Barmer for offence under Sections 450/376(2)(g) of Indian Penal Code upon their furnishing a personal bond in the sum of Rs.50,000.00 together with two sureties in the sum of Rs.25,000.00 each to the satisfaction of the concerned Court for their appearance before the trial court on all dates of hearing until conclusion of the trial.