The Rajasthan High Court dismissed a bail petition filed under Section 439 CrPC. The court held that no ground for bail was made out due to the seriousness of the allegations, including murder and rape.
The petition for regular bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 9142/2018
Prakash@omprakash S/o Shri Lohare, By Caste Prajapat, Aged About 38 Years, R/o Maholi Thana, Sadar Colony Karauli, Present Resident Shivpuri Block B Colony Gangapurcity, District Sawaimadhopur (Raj.) (At Present Appliant Confined In Karuali Jail)
----Petitioner
Versus ----Respondent
State Of Rajasthan Through P.P.
For Petitioner(s) : Mr. Virendra Kumar Bakshi Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
23/08/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 16/2018 registered at Police Station Thana Kailadevi for offence under Sections 302, 397, 201 and 376 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the present case rests on circumstantial evidence. Petitioner has been falsely involved in this case merely on the basis of suspicion. Petitioner was having friendly relations with the deceased and had no reason to commit her murder.
Learned State counsel has opposed the petition and has submitted that the petitioner had gone with the deceased to a Dharamshala. Petitioner has been identified by the witnesses on
(2 of 2)
[CRLMB-9142/2018]
the basis of Closed Circuit Television camera footage. Recovery of stolen jewelry articles of the deceased has been effected from the petitioner. Petitioner after committing the offence of rape has murdered the deceased. Deceased had suffered numerous injuries.
However, keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is
made out.
Dismissed.
(SABINA),J
S.Kumawat-4
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving murder and rape under Sections 302, 376, 397, and 201 IPC?
1 provisions across 1 enactments
Prakash@omprakash S/o Shri Lohare
State Of Rajasthan Through P.P.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
