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Subhan Khan vs State on 14 December, 2017

S.B. Criminal Misc. II Bail No. 10923 / 2017
Subhan Khan S/o Shri Mehmad Khan, Aged About 47 Years, By
Caste Teli Musalman, Resident of Malar Road, Phalodi, P.S. Phalodi,
District Jodhpur.
State of Rajasthan
For Petitioner(s) : Mr. D.L.R. Vyas
For Respondent(s) : Mr. A.S. Rathore, P.P., for the State

Accused petitioner has made this second attempt for seeking

bail under Section 439 Cr.P.C. in connection with FIR No.227/2017

of Police Station Phalodi, District Jodhpur for offences punishable

under Section 354 IPC and 9(m) of the Protection of Children from

Sexual Offences Act, 2012.

Police after investigation has submitted charge-sheet in the

matter against petitioner.

At the behest of petitioner, first bail application

No.7704/2017 was filed before this Court but the same was

rejected on 08.09.2017.

Pressing this second bail application, it is submitted by

learned counsel for the petitioner that after rejection of first bail

application, there is substantial change in the circumstances,

inasmuch as, statements of alleged eye-witness Tajimo have been
(2 of 3)

recorded during trial as P.W.1. It is also argued by learned

counsel that P.W.1 Tajimo has not attributed any role to the

accused-petitioner in commission of aforesaid offences. Learned

counsel would contend that, in fact, witness has completely

disowned the entire alleged incident. It is also argued by learned

counsel that if the statements of P.W.1 are examined in the light of

statement of child under Section 164 Cr.P.C. recorded during

investigation, then, it would ifsofacto reveal that she is not

concurring with her version. Learned counsel has also argued that

there is no sign of any external injury on the person of child.

Lastly, learned counsel has submitted that petitioner is under

incarceration since 13.06.2017 and therefore taking into account

the aforementioned changed circumstances and his alleged

criminal delinquency his second bail plea merits favourable


Learned Public Prosecutor has vehemently opposed this

second bail application of petitioner.

I have given anxious consideration to the arguments

advanced at the Bar and perused the material available on record

including statement of P.W.1 Tajimo.

Having regard to the facts and circumstances of the case, I

deem it just and appropriate to grant indulgence to the petitioner

by enlarging him on bail.

Accordingly, this second bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner,

Subhan Khan S/o Shri Mehmad Khan, arrested in connection with

F.I.R. No.227/2017, Police Station Phalodi, District Jodhpur, may
(3 of 3)

be released on bail; provided he furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/-each to the

satisfaction of 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.



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