This criminal bail petition under Section 439 CrPC was filed seeking release from custody for an offence under Section 377 IPC. The High Court granted bail without expressing an opinion on the merits of the case.
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. 8278/2018
Sanjay S/o Beerbalram B/c Meghwal, Aged About 18 Years, R/o Ward No. 23 Nawalgarh, P.s. Nawalgarh, Distt. Jhunjhunu Raj. (Presently Confined At Distt. Jail, Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Vidhyut Gupta Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
18/08/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 247/2018 registered at Police Station Nawalgarh, District Jhunjhunu for offence under Section 377 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 26.06.2018. Medical opinion does not corroborate the ocular version with regard to the commission of offence by the petitioner. 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 present case, it would be just and expedient to order the release of the petitioner on bail.
(2 of 2)
[CRLMB-8278/2018]
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/8
1 issue framed by the court
Whether the petitioner should be released on regular bail in an offence under Section 377 IPC?
2 provisions across 2 enactments
Sanjay
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
