SADDAM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.51/2023 of Police Station Sadar Kotwali, District Jodhpur, for the offence punishable under Ss. 376-D, 376(2)(N) of IPC and Sec. 67-A of IT Act (in S.B. Criminal Bail Application No.3915/2024) and Ss. 376-D, 376(2)(N) and 120-B of IPC and Sec. 67 of IT Act (In S.B. Criminal Misc. Bail Application No.1621/2024). They have preferred these bail applications under Sec. 439 Cr.P.C. Learned counsel for the petitioners submits that prosecutrix has been examined in Court as PW/1 and in her cross examination, she categorically stated that no one has committed rape with her. Counsel further submits that compromise has also been arrived at between the parties. The accused-petitioners Saddam Hussain and Mohd. Toshif are in judicial custody since 17/4/2023 and 8/4/2024 respectively and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bails should be granted to the accused-petitioners. Learned Public Prosecutor opposed the bail applications. Learned counsel for the complainant concurs the fact of compromise.

(2.) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bails to the accused petitioners under Sec. 439 Cr.P.C. Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Saddam Hussain S/o Shri Mohammad Iqbal & (2) Moh. Toshif S/o Shri Ramjan Khan, shall be released on bail in connection with FIR No.51/2023 of Police Station Sadar Kotwali, District Jodhpur, provided they execute personal bond in a sum of Rs.1,00,000.00 each with two sound and solvent sureties of Rs.50,000.00 each to the satisfaction of learned trial court for 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.