Bail petitioner approached the High Court of Rajasthan for regular bail in a rape case under Section 376 IPC. The Court noted the seriousness of allegations including rape and threats involving video evidence and refused bail as no ground was made out.
Regular bail was denied; the petition was dismissed.
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. 6249/2017
Ravi Kumar S/o Shri Makkhan Lal Bairwa, R/o Sahajpura, PS Gangapur City, District Sawaimadhopur, At Present R/o Near Suraj Cinema, Bhiwadi, PS Bhiwadi, District Alwar.
(At Present Confined to Sub Jail, Kishangarh, Alwar).
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. B.R. Vashisth For Respondent : Mr. Rajesh Choudhary, P.P.
HON'BLE MRS. JUSTICE SABINA Order
9/5/2017
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.40/2017 registered at Police Station Bhiwari Faij III, Alwar for offence under Section 376 Indian Penal Code, 1860.
Heard.
As per the prosecution story, petitioner has raped the prosecutrix on the pretext that he would perform marriage with her. In the statement of the prosecutrix recorded under Section 164 Code of Criminal Procedure, 1973, she has alleged that the petitioner had been threatening her that he had prepared her video clip and in case, she narrated the crime to anyone, he would make the video clip viral. It is also the case of the prosecution that petitioner was already married.
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Keeping in view the seriousness of the allegations
levelled against the petitioner, no ground for grant of bail to him is made out.
Dismissed.
(SABINA)J.
Mohita/82
1 issue framed by the court
Whether bail should be granted to the accused for the offence punishable under Section 376 IPC given the serious allegations of rape and threat to the prosecutrix.
3 provisions across 2 enactments
Ravi Kumar S/o Shri Makkhan Lal Bairwa
State of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
