This court granted regular bail to the petitioners in a criminal case alleging offences under IPC Sections 343, 376, 324 along with ITP Act sections. The court noted the petitioners had spent over 60 days in custody.
Enlarged on bail by executing self-bond for Rs. 50,000 each with two sureties for a like sum each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.320 of 2022
ORDER:
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail to the petitioners/Accused Nos.1 and 2 in connection with Crime No.399 of 2021 of Prakash Nagar Police Station, Rajamahendravaram Urban, wherein the petitioners are alleged to have committed the offences punishable under Sections 343, 376 & 324 r/w Section 34 of Indian Penal Code, 1860 (for short “IPC”) and under Sections 3, 4, 5 & 6 of Prevention of Immoral Traffic Act, 1956 (for short “ITP Act”).
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13.11.2021 she has stated that she was threatened by the petitioners and they forced her to indulge in prosecution. Except the said statement, there are no other allegations against the petitioners. Even according to the statement given by the said Sanjana, the petitioners themselves have performed the marriage of the Sanjana three years ago i.e., in the year 2018. When the petitioners performed the marriage of the said Sanjana, the question of their involvement in the present offence does not arise. Based on the said statement, the petitioners were arrested on 10.12.2021 and since then they are in judicial custody. At the time of arrest, the petitioners have small child and no one is there to look after the said child. Hence, the case of the petitioners may be considered for grant of bail.
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______________________ JUSTICE D.RAMESH
Date: 07.02.2022 SDP
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THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.320 of 2022
07-02-2022
SDP
1 issue framed by the court
Whether bail should be granted to the petitioners after they have undergone more than 60 days of judicial custody and investigation is almost completed.
1 provisions across 1 enactments
Accused Nos. 1 and 2
State
D.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
