Single judge dismissed the bail application of the appellant charged with rape as well as an atroity under SC/ST Act. The court found no ground for bail due to the gravity of allegations.
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.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR.
ORDER
S.B. CRIMINAL APPEAL No. 1372/2017.
Praveen @ Banti S/o Om Prakash B/c Brahmin, Aged About 40 Years, R/o Kala Kua Housing Board, District Alwar (raj.) (at Present Confined At Distt. Jail, Alwar) Vs.
State of Rajasthan
For Applicant(s) : Shri Ashish Sharma For State : Shri A.D. Khan P.P.
HON'BLE MRS. JUSTICE SABINA Order
13.11.2017
Appellant has filed this appeal under Section 14 A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as 'the SC & ST Act') seeking regular bail in F.I.R. No. 43/2017 registered at Police Station Mahila Thana, District Alwar for offence under Section 376 Indian Penal Code 1860 and Section 3(i)(W)(i), 3(2)(V)(Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Heard.
As per the prosecution story, appellant had raped the prosecutrix. Statement of the prosecutrix was recorded under Section 164 Cr.P.C., wherein she has levelled the allegation of commission of offence of rape against the appellant.
Keeping in view the seriousness of allegations levelled against the appellant, no ground for grant of bail to him is made out.
Dismissed.
(SABINA), J
mrg./47
2 issues framed by the court
Whether the appellant is entitled to regular bail in case of serious allegation of rape under SC/ST Act.
Whether grounds for grant of bail are made out keeping in view the seriousness of allegations.
4 provisions across 3 enactments
Praveen @ Banti S/o Om Prakash
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
