Dismissed

Nawal @ Sussa v. State of Rajasthan through P P

Rajasthan HC3 Jul 2017CRLMB/8620/2017

Case brief

AI extract

What is this about?

The High Court dismissed a bail application under Section 439 Cr.P.C. filed by an accused charged with offences under IPC and POCSO. Finding sufficient evidence and noting the petitioner's age and the child victim's age, the court declined to grant bail, citing the seriousness of the allegation regarding an attempted rape of a six-year-old.

What the court decided

AI extract

Nawal @ Sussa Vs State of Rajasthan through… — Child Sexual Offences (POCSO) | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S. B. Criminal Miscellaneous II Bail Application No. 8620 / 2017 Nawal @ Sussa S/o Shyam Lal B/c Jatav, R/o Musepur, Police Station Kaman, Distt. Bharatpur (Raj.) (at Present Accused Petitioner Confined in Central Jail Sewar, Bharatpur).

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----Accused-Petitioner

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Versus

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State of Rajasthan Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Suresh Kumar

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Public Prosecutor : Mr. Rishiraj Singh

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order

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03/07/2017

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The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Nawal @ Sussa in the matter of FIR No. 404/2016 registered at Police Station Kaman, District Bharatpur for offences punishable under Sections 363, 376/511 of IPC and Section 7/8 of Protection of Children From Sexual Offences Act, 2012.

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Heard learned counsel for the parties.

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On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, I prima facie found that there is sufficient evidence available on record showing involvement of the petitioner in the present case, looking to the over all facts and circumstances of the case, gravity of the

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(2 of 2)

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[CRLMB-8620/2017]

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offence specially the fact that the earlier bail application of present petitioner was dismissed on merits vide order dated 11.01.2017, thereafter no material changes are there in the facts of the case, the age of present petitioner is 25 years and there is allegation against him that he attempted to commit rape with a six years old child, therefore considering the seriousness of allegations against the present petitioner, and without expressing any final opinion on the merit and de-merit of the case, I am not inclined to grant benefit of bail to the accused-petitioner.

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Consequently, the bail application filed under Section 439 Cr.P.C. is dismissed.

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(BANWARI LAL SHARMA)J.

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S. Kumawat/66

Nawal @ Sussa v. State of Rajasthan through P P

Case brief

What is this about?

What the court decided

Nawal @ Sussa v. State of Rajasthan through P P

Case brief

What is this about?

What the court decided

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