The Rajasthan High Court granted bail to the petitioner in an FIR registered for Sections 376 IPC. The court observed that the prosecutrix's statement indicated voluntary relations rather than forcible cohabitation.
Petitioner released on bail subject to furnishing personal bond and surety bond.
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 Application No.7157/2019
Rahul S/o Shri Mahavir Prasad Arya B/c Meghwal, Aged About 22 Years, R/o Village Kalyanpura Khurd Police Station Kotputali Distt. Jaipur At Present In Sub Jail Kotputali.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr.Biri Singh Sinsinwar, Senior Advocate with Mr.Rajesh Choudhary. For Respondent(s) : Mr.S.S. Ola, PP.
HON'BLE MR. JUSTICE G R MOOLCHANDANI(V J )
Order
27/06/2019
Petitioner has filed this petition under Section 439 of Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 08/2019 registered with Police Station Paniyala District Jaipur for the offences punishable under Sections 376 IPC.
It has been contended by learned counsel for the petitioner that the statements of the prosecutorix recorded under Section 164 Cr.P.C. are self-indicative that she being a major lady established physical relations and she has never narrated that forcible outrageous attempt was made upon her under certain misconception and to put pressure a false FIR has been lodged, the petitioner is innocent, he shall obey with the conditions imposed for grant of bail and shall also face the trial in the event if the charge sheet is presented, so he be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-7157/2019]
Having heard both the sides a careful consideration was given to the material available on record.
Perusal of the statements of the prosecutorix-Priyanka Mondiya under Section 164 Cr.P.C. who is stated herself to be 21 years of age does not indicate that she was forcible cohabited rather it has been narrated that physical relations were made voluntarily, the petitioner is behind the bars since 01.02.2019.
Considering facts and circumstances of the case, without commenting on the merit, it appears just and expedient to grant bail to the accused petitioner.
Accordingly petitioner be released on bail subject to furnishing of personal bond and surety bond to the satisfaction of learned trial court.
(G R MOOLCHANDANI) V.J.
Karan Bhutani /531/84
1 issue framed by the court
Whether bail should be granted to the petitioner in an offence punishable under Section 376 IPC.
1 provisions across 1 enactments
Rahul S/o Shri Mahavir Prasad Arya
State Of Rajasthan
G R MOOLCHANDANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
