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Jitendra S/O Jaswant Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

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Rajasthan HC
2020
Jitendra S/O Jaswant Vs State of RajasthanJitendra S/O Jaswant v. State of Rajasthan

Dismissed

Jitendra S/O Jaswant v. State of Rajasthan

Rajasthan HC25 Nov 2020CRLMB/6538/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan rejected the bail application filed under Section 439 Cr.P.C. by the petitioner accused of offences under Section 376-D and related sections of the IT Act. The court did not grant bail despite the contestation of the prosecution story due to the serious nature of the charges.

What did the court decide?

Criminal Misc. Bail Application No. 6538/2020 is rejected; bail not granted.

What the court decided

AI extract

Outcome

Criminal Misc. Bail Application No. 6538/2020 is rejected; bail not granted.

Issue for consideration

Whether bail should be granted to the petitioner accused of gang rape who has been in custody for over two years.

Detailed headnote1 paragraphs

In a bail application under Section 439 Cr.P.C. involving a serious sexual offence like gang rape, the Court held that upon considering the contentions of the complainant, including the deposition and identification by the prosecutrix, the petitioner was not inclined to be granted bail. The bail application was rejected.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 6538/2020

Jitendra S/o Jaswant, R/o Shyam Nagar Ankhir Ps Surajkhund Dist. Faridabad Haryana (At Present Confined In Central Jail Jaipur)

----Petitioner

Versus

State Of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Girish Khandelwal through VC For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

25/11/2020

Petitioner has filed this bail application under Section 439 of Cr.P.C.

F.I.R. No. 25/2018 was registered at Police Station Sarund, District Jaipur(Rural) for offences under Section 376-D and Sections 66 and 67-A of IT Act.

It is contended by counsel for the petitioner that petitioner has remained custody for a period of more than two years. Story made up by the prosecution does not inspire confidence.

Learned Public Prosecutor has opposed the bail application. It is contended that the matter pertains to gang rape. Prosecutrix has deposed before the court and has identified the petitioner and has also alleged that he alongwith other co-accused has raped her.

I have considered the contentions.

(2 of 2) [CRLMB-6538/2020]

Considering the contentions put forth by counsel for the

complainant, I am not inclined to grant bail to the petitioner.

Criminal Misc. Bail Application is accordingly, rejected.

(PANKAJ BHANDARI),J

HEENA/91

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether bail should be granted to the petitioner accused of gang rape who has been in custody for over two years.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.439

Parties & counsel

AI extract

petitioner
Jitendra S/o Jaswant
respondent
State Of Rajasthan

Coram

AI extract

Pankaj Bhandari

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 25 Nov 2020 · November
Registered: 16 Jun 2020
Case no.: CRLMB/6538/2020
CNR: RJHC020322502020
Topic: Bail and Remand
Bench: Pankaj Bhandari
Disposal: DISMISSED

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Cite this judgement

Jitendra S/O Jaswant v. State of Rajasthan, CRLMB/6538/2020 (RJ), decided on 25 November 2020.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.439

View all statutes

Bench / Coram

Pankaj Bhandari

Parties & counsel