Allowed

Mohan Bairwa S/O Shri Ladu Ram Bairwa v. State of Rajasthan

Rajasthan HC12 Oct 2020CRLMB/11226/2020

Case brief

AI extract

What is this about?

The High Court allowed a third bail application in a case involving offences under IPC 376-D and SC/ST Act. The court noted that the prosecutrix's statement was recorded and a similarly situated co-accouse was released, deeming it fit to enlarge the accused on bail.

What did the court decide?

Petitioner Mohan Bairwa released on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Mohan Bairwa S/O Shri Ladu Ram Bairwa Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Third Bail Application No. 11226/2020

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Mohan Bairwa S/o Shri Ladu Ram Bairwa, R/o Vill. Mehandwas Ps Mehandwas Dist. Tonk Raj. (At Present Accused Confined In Dist. Jail Tonk)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Vijendra Yadav (through Video Conferencing)
For Respondent(s)	: Mr. Shyam Prakash Sharma, PP
For Complainant	: Mr. Ayush Gupta (through Video Conferencing)

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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12/10/2020

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This third Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with FIR No.168/2019 registered at Police Station Mehandwas, District Tonk (Raj.) for offence under Sections 376-D IPC and Sections 3(1) (W) (I) (H), 3 (2) (V) (VA) of SC/ST Act.

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This third bail application has been filed by the petitioner and it has been submitted that second bail application was dismissed vide order dated 29.06.2020 as not maintainable as per directions of this Court order dated 05.02.2020. Now the statement of prosecutrix has been recorded in the learned trial Court. Similarly situated co-accused Sirajuddin @ Siraj has been released on bail by Co-ordinate Bench of this Court on 26.02.2020. Hence on the

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(2 of 3) [CRLMB-11226/2020]

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basis of parity, present petitioner is also entitled to the benefit of bail. It has been argued that FIR was lodged after one year.

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Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

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Perused the record of the case. First bail application of present petitioner was dismissed on 05.02.2020 as not pressed and petitioner was granted liberty to file fresh bail application after recording the statement of prosecutrix in the trial Court. Second bail application was rejected on 29.06.2020 because statements of the prosecutrix were not recorded till date in the learned trial Court. Hence, second bail application was rejected as not maintainable as per directions of 05.02.2020 of this Court. Now, statements of prosecutrix have been recorded in the learned trial Court. Similarly situated co-accused Sirajuddin @ Siraj has already been granted to bail.

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On consideration of arguments/submissions of both the parties, material on record and overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused on bail.

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Therefore, this third bail application is allowed. Accusedpetitioner Mohan Bairwa S/o Shri Ladu Ram Bairwa shall be released on bail in FIR No.168/2019 registered at Police Station Mehandwas, Ditrict Tonk (Raj.), if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (One Lakh) together with two sureties in the sum of Rs.50,000/- (Fifty Thousand) each to the satisfaction of learned trial court with the stipulation that he shall appear before that

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(3 of 3) [CRLMB-11226/2020]

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Court or any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do

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so.

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(MANOJ KUMAR VYAS),J

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Arun/24

Mohan Bairwa S/O Shri Ladu Ram Bairwa v. State of Rajasthan

Case brief

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Mohan Bairwa S/O Shri Ladu Ram Bairwa v. State of Rajasthan

Case brief

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