The High Court of Rajasthan granted regular bail to the petitioner under Section 439 CrPC in an FIR regarding offences of abduction and rape, noting he was in judicial custody and not required for further investigation.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 11082/2018
Ajeet Kumar S/o Premsingh B/c Jat, R/o Ghardana Kalan Police Station Singhana Distt. Jhunjhunu Raj. (At Present Accused Confined In Distt. Jail Sikar )
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Amit Singh Shekhawat Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
18/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 130/2018 registered at Police Station Losal, District Sikar for offence under Sections 366 and 376 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that a missing report was lodged by the husband of the prosecutrix on 18.07.2018. Prosecutrix was recovered on 23.07.2018 and her statement was recorded by the police, wherein, she stated that petitioner had not done any wrong act with her and she was known to the petitioner and he had not enticed her, to go with him. Now she wanted to live with her husband. However, thereafter at the instigation of her husband and her family members, prosecutrix lodged the FIR against the petitioner by levelling false allegations. Petitioner is in custody since
(2 of 2)
[CRLMB-11082/2018]
24.08.2018. Presently, petitioner is in judicial custody and is not required for further investigation.
Learned State counsel 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 bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA),J
S.Kumawat-1
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC in an FIR implicating offences under Sections 366 and 376 IPC.
2 provisions across 2 enactments
Ajeet Kumar
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
