HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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,
State of Rajasthan
For Petitioner(s) : Mr. D.L.R. Vyas
For Respondent(s) : Mr. A.S. Rathore, P.P., for the State
HON’BLE MR. JUSTICE P.K. LOHRA
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.