This anticipatory bail petition under Section 438 CrPC in a case involving offences under Section 376 IPC was allowed. The issue arose from a dispute over money despite allegations of forcible rape.
The petitioner is released on anticipatory bail subject to joining investigation and other standard conditions.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 13833/2017
Mohit Hada S/o Vijendra Singh B/c Rajput, Aged About 21 Years, R/o E-427 Afordable Housing Yojna, Kansuwan Kota (raj.)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Shailesh Kumar Panwar For Respondent : Mr. Ram Ratan Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA Order
15/11/2017
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 421/2017 registered at Police Station Udhyog Nagar, District Kota (Raj.) for offence under Section 376 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the prosecutrix is a married lady having children. Prosecutrix is presently residing with her husband. Hence, there was no occasion for the petitioner to have developed physical relations with the prosecutrix on the pretext that he would perform marriage with her as the prosecutrix could not have got married to the petitioner without legally divorcing her husband. In-fact, the dispute between the parties relates to the payment of money i.e., Rupees thirty five thousand.
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Learned State Counsel, on the other hand, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on anticipatory bail.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be admitted to bail subject to satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.
(SABINA)J.
Mohita/5
1 issue framed by the court
Whether to grant anticipatory bail in an FIR alleging rape and extortion arising from a money dispute.
2 provisions across 2 enactments
Mohit Hada
State of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
