Allowed

Kailash v. State of Rajasthan

Rajasthan HC14 Dec 2020CRLMB/14004/2020

Case brief

AI extract

What is this about?

In an S.B. Criminal Miscellaneous Bail Application, the High Court at Jodhpur addressed a bail plea in a case involving offences under Sections 342 and 376 IPC. The Court noted gross delay in lodging the FIR and lack of trustworthiness in the complainant's story. It granted bail, directing the petitioner to execute a bond with sureties.

What did the court decide?

Petitioner Kailash S/o Sh. Mangi Lal directed to be released on bail subject to executing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Kailash Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 14004/2020

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Kailash S/o Sh. Mangi Lal, Aged About 25 Years, R/o Village Shambhupura, P.s. Dhamottar, Dist. Pratapgarh (Raj.). (Presently Lodged In Dist. Jail, Pratapgarh).

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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. Shambhoo Singh, on VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No. 85/2020 of Police Station Dhamottar, District Pratapgarh for the offences punishable under Sections 342 & 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner has shown from record that the initial allegation is of 21.02.2020. The prosecutrix is a major married lady of 24 years age.

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Counsel for the petitioner further submits that there is gross delay in lodging FIR and also stated that accused-petitioner and prosecutrix stayed together for ten days, as stated in FIR, which causes doubt upon the allegations levelled.

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(2 of 2)

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[CRLMB-14004/2020]

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Learned Public Prosecutor has opposed the bail application.

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After reading FIR, this Court do not find the story of complainant to be trustworthy due to gross delay in lodging the same.

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Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems 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 Kailash S/o Sh. Mangi Lal shall be released on bail in connection with FIR No. 85/2020 of Police Station Dhamottar, District Pratapgarh 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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(DR.PUSHPENDRA SINGH BHATI),J.

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43-Sanjay/-

Kailash v. State of Rajasthan

Case brief

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Kailash v. State of Rajasthan

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