Allowed

Kanahaiya Lal @ Kana v. State

Rajasthan HC1 May 2020CRLMB/3357/2020

Case brief

AI extract

What is this about?

In a bail application for an offence under Section 376 IPC, the High Court allowed bail to the petitioner based on an alleged consensual relationship. Due to COVID-19 lockdown constraints, the order dispensed with two sureties temporarily, allowing bail on a personal bond only. The petitioner was directed to furnish sureties later.

What did the court decide?

The petitioner was released on bail upon furnishing a personal bond of Rs. 50,000/ without immediate sureties, directed to provide two sureties of Rs. 25,000/ each by May 28th, 2020.

Kanahaiya Lal @ Kana Vs State — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 3357/2020

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Kanahaiya Lal @ Kana S/o Tulsi Ram, Aged About 45 Years, B/c Mali, R/o Near Hajareshwar Mahadev Mandir, Chittorgarh, Teh. And Dist. Chittorgarh. (At Present Lodged In District Jail, Chittorgarh).

----Petitioner

Versus

State, Through Pp

----Respondent For Petitioner(s) : - For Respondent(s) : Mr. S. K. Bhati, P. P. through Jitsimeet App

¶8

JUSTICE DINESH MEHTA

¶9

Order

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01/05/2020

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.15/2020 Police Station Kotwali, District Chittorgarh for the offence under Section 376 IPC.

¶12

It is stated in the bail application that the physical relation between the petitioner and the complainant were consensual and the petitioner has been falsely implicated for the offence under Section 376 of IPC.

¶13

Mr. Bhati, learned PP, however, opposed petitioner’s prayer for release on bail.

¶14

In view of the aforesaid, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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(2 of 2)

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[CRLMB-3357/2020]

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Kanahaiya Lal @ Kana S/o Tulsi Ram, arrested in FIR No.15/2020, Police Station Kotwali, District Chittorgarh shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/each.

¶18

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28^th May, 2020 to the satisfaction of the learned trial Court.

¶19

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

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Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

¶21

(DINESH MEHTA),J

¶22

3-A.Arora/-

Kanahaiya Lal @ Kana v. State

Case brief

What is this about?

What did the court decide?

Kanahaiya Lal @ Kana v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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