Bail application accepted in a case under Sections 376 and 384 IPC. Court held continuous detention not warranted without examining merits. Petitioner to be released on bail.
Petitioner released on bail during pendency of trial subject to satisfaction of trial court.
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S.B. Cr. Misc. Bail Appl. No. 7139/ 2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
O R D E R S.B. Criminal Misc. Bail Application No. 7139/2016 Rahul vs. State of Rajasthan
Date of Order:- 6th July, 2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. S.S. Sunda, for the petitioner. Mr. N.S. Dhakad, Public Prosecutor for the State.
Present bail application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 386/ 2014, registered at police station Bhiwadi, Phase-III, Alwar, for the offences under Sections 376 and 384 IPC.
The learned counsel for the petitioner has read the statement of the prosecutrix (name withheld to protect her identity) recorded under Section 164 Cr.P.C. The learned counsel for the petitioner has submitted that in her statement under Section 164 Cr.P.C., the prosecutrix has given her age as 33 years. The learned counsel for the petitioner further submitted that the petitioner is neighbour of the prosecutrix. The learned counsel for the petitioner has contended that the prosecutrix has stated that after first sexual relations were established, the accused had continued with sexual activity and sexual relationship continued between the prosecutrix and the accused. The learned counsel for the petitioner has also drawn the attention of this Court to the photographs (Annexure-3) to say that it is a case of consensual sex and when the relationship became public, under the pressure of in-laws, the prosecutrix has lodged the FIR.
S.B. Cr. Misc. Bail Appl. No. 7139/ 2016
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After seeing the photographs (Annexure-3) and reading the statement of the prosecutrix (Annexure-4) recorded under Section 164 Cr.P.C., without commenting on the merits of the case, this Court is of the view that the continuous detention of the petitioner as an under trial is not warranted.
Hence, the present bail application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court.
(KANWALJIT SINGH AHLUWALIA)J.
Mak/
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All corrections made in the order have been incorporated in the order being emailed.” Anil Makawana P.A.
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Rahul
State of Rajasthan
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
