Allowed

Surpal v. State

Rajasthan HC6 Feb 2020CRLMB/1616/2020

Case brief

AI extract

What is this about?

The High Court allowed a third bail application under Section 439 Cr.P.C. for the accused in a rape-related FIR, granting bail subject to the furnishing of a personal bond of Rs. 50,000 and two sureties. The applicant accepted the charge-sheet had been filed but sought release despite the serious charges.

What did the court decide?

Granted bail on furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Surpal Vs State — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Misc. 3^rd Bail Application No. 1616/2020

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Surpal S/o Shri Narendra @ Nandji Valmiki, aged about 22 years, R/o Harijan Basti, Simalwara, P.S. Dhambola, District Dungarpur (Rajasthan).

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(Presently lodged in District Jail, Dungarpur).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s)	: Mr. Shambhoo Singh
For Respondent(s)	: Mr. Shrawan Kumar Bishnoi,P.P.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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06/02/2020

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The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 268/2019, Police Station Dhambola, District Dungarpur for the offences under Sections 376, 506, 354-D & 457 of I.P.C.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 07.01.2020, the charge-sheet in the matter has been filed. He further submits that the prosecutrix is a married lady of 25 years of age. As per the statement of the prosecutrix recorded under Section 164 of Cr.P.C., she has stated that two months prior to the

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(2 of 2) [CRLMB-1616/2020]

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present incident, the petitioner committed rape upon her, for which there is no complaint. He further submits that after the present incident, the matter was resolved in the Panchayat. He further submits that the conclusion of trial will take sufficient long time and therefore, he prays that the petitioner may be enlarged on bail.

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Learned Public Prosecutor opposes the bail application.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.

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Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accusedpetitioner - Surpal S/o Narendra @ Nandji Valmiki arrested in connection with F.I.R. No. 268/2019, Police Station Dhambola, District Dungarpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(VINIT KUMAR MATHUR),J

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24-Inder/-

Surpal v. State

Case brief

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Surpal v. State

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