In a bail petition under Section 439 CrPC for offences of wrongful confinement and rape arising from family discord, the High Court granted regular bail without expressing an opinion on merits, subject to Trial Court satisfaction.
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. 11731/2018
Phool Singh S/o Shri Kaluram B/c Gaadiya Luhaar, R/o Gram Baswa Teh. Baswa Dist. Dausa (At Present Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Arvind Sharma Adv. For Respondent(s) : Mr. R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
24/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 126/2018 registered at Police Station Tehla, District Alwar for offence under Sections 365 and 376 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the present FIR is an outcome of matrimonial discord between the parties. In-fact, the sister of the petitioner is the wife of the complainant and petitioner is married to the sister (prosecutrix) of the complainant. Petitioner is in custody since 01.09.2018. Presently, petitioner is in judicial custody and is not required for further investigation.
Learned State counsel has opposed the petition.
(2 of 2)
[CRLMB-11731/2018]
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-57
1 issue framed by the court
Whether the petitioner is entitled to regular bail in an offence under Sections 365 and 376 IPC arising from matrimonial discord.
2 provisions across 2 enactments
Phool Singh
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
