High Court granted regular bail to the petitioner accused of rape (IPC 348, 366, 376, 109) under Section 439 CrPC without expressing an opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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. 745/2019
Raju Yadav S/o Mohanlal Yadav B/c Yadav, R/o H.b. Town Ke Piche, Plot No. 47, Chaneh Nagar, Josef Sir Ke Makan Me Kiraye Se, Thana Kalmana, Nagpur (Maharashtra) (At Present Confined In Sub Jail Bhawani Mandi)
----Petitioner
Versus
State Of Rajasthan Through Pp, Raj.
----Respondent
For Petitioner(s) : Mr. Sanjay Mehrishi For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
30/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 16/2014 registered at Police Station Gangdhar, Distt. Jhalawar, for offences under Sections 348, 366, 376 (gha), 109 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 06.10.2016. Allegation of commission of offence of rape is not against the petitioner. Three co-accused had faced trial and were acquitted by the trial Court as the prosecutrix had not supported the prosecution case. Co-accused have been granted bail by this Court.
Learned State Counsel, has opposed the petition.
(2 of 2) [CRLMB-745/2019]
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 merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Sudha/01
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC in a rape case where co-accused were acquitted.
1 provisions across 1 enactments
Raju Yadav
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
