Allowed

Anil @ Kallu S/O Girraj Prasad B/C Prajapat v. State of Rajasthan

Rajasthan HC24 Oct 2018CRLAS/1812/2018

Case brief

AI extract

What is this about?

High Court allowed the bail appeal of an appellant charged with kidnapping and rape under IPC and SC/ST Act. Observing conflicting statements by the prosecutrix regarding the rape allegation and finding co-accused innocent, the court granted bail without expressing an opinion on the merits of the case.

What did the court decide?

Appellant admitted to bail subject to satisfaction of the Trial Court.

Anil @ Kallu S/O Girraj Prasad B/C Prajapat Vs State of… — 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. 1812/2018

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Anil @ Kallu S/o Girraj Prasad B/c Prajapat, Aged About 23 Years, R/o Gram Sehra, Thana Laxmangarh, District Alwar, Raj.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp, Rajasthan High Court, Jaipur, Bench Jaipur, Raj.

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----Respondent For Appellant(s) : Mr. S.N. Gupta Soorwal For Respondent(s) : Mr. R.S. Raghav, P.P.

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HON'BLE MRS. JUSTICE SABINA

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Order

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24/10/2018

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Appellant has filed this appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail in F.I.R. No. 274/2017 registered at Police Station Laxmangarh, District Alwar for offences 363, 366, 376(2) (N) under Section of Indian Penal Code, 1860 & Sections 3 (1) (W) (ii), 3 (ii) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Learned counsel for the appellant has submitted that the appellant is in custody since 17.05.2018. Challan has already been presented in the Court and conclusion of trial may take time. Statement of the prosecutrix was recorded under Section 161 Cr.P.C. on 07.05.2018, wherein, she has stated that the appellant had not done any wrong act with her, but had kidnapped her. However, when the statement of the prosecutrix was recorded

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(2 of 2)

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[CRLAS-1812/2018]

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under Section 164 Cr.P.C. on 09.05.2018, she alleged that she had been raped by the appellant and his co-accused Lalaram and Ram Niwas. She also stated that she had lived with the appellant for about ten months. Appellant was working in a tempo company. She also used to visit the company. After investigation of the case, co-accused Lalaram and Ram Niwas were found innocent. Allegation of commission of offence of rape has been falsely levelled against the appellant by the prosecutrix in her statement under Section 164 Cr.P.C. on account of influence of her parents.

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Learned State Counsel on the other hand has opposed the appeal.

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Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.

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Accordingly without expressing any opinion on merits of the case, this appeal is allowed. Appellant be admitted to bail subject to satisfaction of the Trial Court.

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Sudha/14

Anil @ Kallu S/O Girraj Prasad B/C Prajapat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil @ Kallu S/O Girraj Prasad B/C Prajapat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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