Allowed

Hemraj v. State of Rajasthan through Pp

Rajasthan HC8 Feb 2018CRLAS/111/2018

Case brief

AI extract

What is this about?

High Court allowed the appeal against bail rejection. The Court noted the Investigating Agency finalized charges only under Section 376/511 IPC, not 376. Considering the pending trial and investment of liberty, regular bail was granted.

What did the court decide?

Impugned order of Special Judge set aside; appellant released on bail through individual bond and sureties with undertaking not to tamper with witnesses.

Hemraj Vs State of Rajasthan through Pp — Caste Atrocities | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 111 / 2018

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Hemraj S/o Shri Mangilal B/c Lodha, R/o Sarali Police Station Dangipura District Jhalawar. (At Present in District Jail, Jhalawar).

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----Petitioner

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Versus

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State of Rajasthan Through PP.

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Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. Sudesh Saini, PP.

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HON'BLE MR. JUSTICE G.R. MOOLCHANDANI

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Order

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08/02/2018

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Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record.

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Appellant has filed this appeal u/s 14(A) of the SC/ST (Prevention of Atrocities) Act, seeking regular bail in connection with FIR No. 132/2017 registered at Police Station Dangipura, Jhalawar for the offence/s punishable u/s 341, 323, 354, 504, 307 and 376/511 of IPC and Section 3 of SC/ST Act.

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Learned counsel for the appellant has contended that chargesheet has already been filed and trial is likely to take some time, petitioner is behind the bars since 19.09.2017 and Investigating Officer has opined that rape was not committed upon the prosecutrix but an abortive attempt was made to ravage the chastity and prosecutrix has exaggerated in her statements recorded under Section 164 of Cr.P.C earlier versions of police statements and FIR did not contain allegations of rape, so it is apparent that prosecutrix has improved and exaggerated the allegations recorded during the investigation itself, it is further contended that appellant shall obey

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(2 of 2)

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[CRLAS-111/2018]

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dictate of law and shall not tamper with the evidence if granted bail, so the appellant be granted regular bail.

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Learned Public Prosecutor has opposed the bail application.

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Heard both the sides and perused the material available on the record. It is evident that Investigating Agency has not found offence under Section 376 of IPC, which bears direct impact to truthfulness, uttered by the prsoecutrix and only offences of 376/511 of IPC is opined to have been committed, obviously trial would take some time.

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Considering facts and circumstances of the case and material available on the record, but without expressing any opinion on the merits of the case, me judice that the appeal deserves to be allowed.

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Resultantly, impugned order passed by the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases dt. 08.01.2018 is set aside and appellant Hemraj s/o Sh. Mangilal is directed to be released on bail subject to individual personal bond and sureties amount to the satisfaction of the court below.

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Petitioner shall also file an undertaking before the court below that he shall not tamper with the evidence and shall not endeavor to threat prosecution witness, if any untoward report emerges, then complainant/State shall have a right for seeking cancellation of the bail.

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Instant appeal is decided in aforesaid terms.

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Ashu/23

Hemraj v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Hemraj v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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