Rajasthan High Court – Jodhpur
Hanif Khan Alias Sonu vs State Of Rajasthan (2025:Rj-Jd:28747) on 3 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:28747]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1020/2025
Hanif Khan @ Sonu S/o Shri Lal Khan, Aged About 23 Years,
Resident Of Manda Gulfroshan Ps Sadar Nimbahera District
Chittorgarh Rajasthan (At Present Lodged At Dist Jail
Pratapgarh)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Bhairulal S/o Kishanlal Ji Meghwal, Aged About 42 Years,
Resident Of Manda Gulfroshan Nimbahera District
Chittorgarh Rajasthan.
----Respondents
For Appellant(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. PS Panwar, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/07/2025
1. The service upon respondent No.2/complainant is complete and
the service report is taken on record.
2. The instant appeal has been filed under Section 14A SC/ST
(Prevention of Atrocities) Act on behalf of the appellant, who is in
custody in connection with F.I.R. No.105/2025 dated 26.04.2025
registered at Police Station Chhoti Sadari, District Pratapgarh, for the
offences under Sections 137(2) of BNS 2023 and Sections 16/17 of
POCSO Act and Section 3(2)(va) of SC/ST Act, against the order
dated 05.05.2025 passed by the learned Special Judge Scheduled
Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases,
Pratapgarh whereby, the bail application preferred under Section 483
B.N.S.S. on behalf of the appellant was rejected.
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3. Heard learned counsel for the parties and perused the material
available on record.
4. Learned counsel for the appellant submits that the appellant
has been falsely implicated in the case while alleging that the
appellant lured the complainant’s daughter and committed rape upon
her. He also submits that the complainant is in the habit of harassing
the appellant by way of lodging false FIR against him. He submits
that earlier also FIR No.209/2023 was lodged against the appellant
for the offences under Sections 354, 363, 376(2)(N), 376(3), 506
IPC and Section 3(2)(va) of SC/ST Act. He further submits that the
complainant’s daughter turned hostile and the appellant was granted
benefit of Section 439 CrPC by the Co-ordinate Bench of this Court
vide order dated 23.01.2024 in SBCRLMB No.15632/2023. Learned
counsel for the appellant submits that the trial of the case will take
sufficiently long time to conclude, therefore, the benefit of bail
should be granted to the accused-appellant.
5. Learned Public Prosecutor opposes the prayer for bail and
submits that the complainant’s daughter is under pressure and is
being threatened by the appellant and investigation is not yet
complete, therefore, the appellant is not entitled to be enlarged on
bail.
6. Upon perusal of the case diary, this Court finds that the
complainant’s daughter in her statements under Section 180 BNSS
has stated that the appellant took her forcibly and committed rape
upon her, however, in the statement under Section 183 BNSS, the
complainant’s daughter has stated that against her own wish, her
family members forced her to get married to one Rahul Meghwal who
used to beat her and on 24.06.2025 without informing her family
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[2025:RJ-JD:28747] (3 of 3) [CRLAS-1020/2025]
members, she reached to Chhoti Sadari from where she went to
Nimbahera by bus then she forced the present appellant for taking
her and when he refused to come she threatened him that she will
take her own life, thereafter the appellant came and took her to
Jaipur. She has also stated in her statement that the appellant has
not committed wrong with her and that if the appellant is released
she would marry him and it is also seen that she refused to
undertake the medical examination, thus, having regard to the
entirety of facts and circumstances of the case, this Court deems it
just and proper to allow the appeal filed by the accused/appellant
under Section 14 -A of the SC/ST Act.
7. Consequently, the instant appeal filed under section 14 – A of
the SC/ST Act is allowed. The impugned order dated 05.05.2025
passed by the learned Special Judge Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act Cases, Pratapgarh is
set aside. It is ordered that the accused-appellant Hanif Khan @
Sonu S/o Shri Lal Khan arrested in connection with F.I.R.
No.105/2025 dated 26.04.2025 registered at Police Station Chhoti
Sadari, District Pratapgarh, shall be released on bail; provided he
furnishes a personal bond of Rs. 1,00,000/- each and two surety
bonds of Rs. 50,000/- each to the satisfaction of the 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.
(DR. NUPUR BHATI),J
SURABHII/267-
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