Allowed

Kishore Tak v. State of Rajasthan

Rajasthan HC16 Aug 2019CRLMB/8674/2019

Case brief

AI extract

What is this about?

The High Court at Jodhpur granted bail to the petitioner, who was accused under IPC Sections 384 and 376. The court noted the matter was compromised between the petitioner and the prosecutrix and directed release against a personal bond with sureties.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. against a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each for the appearance before the trial court.

Kishore Tak Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8674/2019

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Kishore Tak S/o Shri Durga Ram, Aged About 26 Years, By Caste Darji, Resident Of Tantwas, Panchodi Police Station, District Nagaur, Presently Resident Of Magji Ki Ghati, Mandore Police Station, Jodhpur, District Jodhpur Metro. (Lodged In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan

	----Respondent
For Petitioner(s)	: Mr. J.R. Choudhary
For Respondent(s)	: Mr. A.R. Choudhary, P.P.
Present in person	: Ms. Nisha Kanwar-complainant

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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16/08/2019

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Heard learned counsel for the petitioner, learned Public Prosecutor as well as complainant present in person and also perused the material on record.

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The petitioner has been arrested in FIR No.197/2019 of Police Station Mandore, District Jodhpur for the offences punishable under Sections 384 and 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the petitioner and the prosecutrix were in relation for some time, however, she has filed this FIR against the

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(2 of 2) [CRLMB-8674/2019]

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petitioner due to some misunderstandings. It is also submitted that now the matter has been compromised between the parties.

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Learned Public Prosecutor has opposed the bail application. The complainant, present in person and identified by learned counsel for the petitioner Mr. J.R. Choudhary, has confirmed that the matter has already been compromised between her and the petitioner.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kishore Tak S/o Durga Ram shall be released on bail in connection with FIR No.197/2019 of Police Station Mandore, District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.8

Kishore Tak v. State of Rajasthan

Case brief

What is this about?

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Kishore Tak v. State of Rajasthan

Case brief

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What the court decided

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