Babu Lal v. State
Case brief
What is this about?
In an application under Section 439 Cr.P.C., the High Court released the accused on bail. The Court noted discrepancies between witness statements and photographic evidence and considered the parties' prior relationship favorable for bail.
What did the court decide?
Enlarged accused on bail, to furnish a personal bond in Rs.50,000/- with two sureties of Rs.25,000/- each.
What the court decided
41
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S.B.CRIMINAL MISC.BAIL APPLICATION NO.2161/2015 (Babu Lal Vs. State of Rajasthan)
Date of order : : 23.04.2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr.Sanjay Mathur, counsel for the petitioner. Mr.Pankaj Awasthi, counsel for the State. Mr.Ramesh Kumar Sharma, I.O. present in person.
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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.31/2015, Police Station Surajpole, District Udaipur for the offence under Sections 341, 342, 366, 376 of the IPC.
The allegations have been alleged against the petitioner for the offence under Section 376 of the IPC. in a statement under Section 164 of the Cr.P.C. alleging that the petitioner had forcibly kept the prosecutrix in a room. The statements of certain neighbours have also been recorded, which show that the prosecutrix was seen in the room rented by the present petitioner.
However, the photographs placed on record show a different story altogether. A letter written by the prosecutrix has also been placed on record to express that both were known to each other and there was close relationship between the two. Challan has already been filed.
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail in the given facts.
Parties & counsel
- petitioner
Babu Lal
- respondent
State of Rajasthan
Coram
Nirmaljit Kaur
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · April
- Registered
- Case no.
- CRLMB/2161/2015
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