Allowed

Omprakash Sharma S/O Shri Hanuman Prasad Sharma v. the State of Rajasthan

Rajasthan HC28 Sept 2021CRLMB/11925/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan granted bail to the petitioner, who was under arrest for offences including rape and cheating. Bail was allowed based on the hostility of the prosecutrix and without expressing an opinion on the merits.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. via personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Omprakash Sharma S/O Shri Hanuman Prasad Sharma Vs… — Cheating and Forgery | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11925/2021

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Omprakash Sharma S/o Shri Hanuman Prasad Sharma, Aged About 42 Years, R/o 32, J.d.a. Colony Ps Bhankrota Jaipur At Present 70 J.d.a. Colony Bhankrota Jaipur At Present Confined In Central Jail Jaipur

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent For Petitioner(s) : Mr. Manish Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. Mangal Singh Saini PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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28/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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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.365/2014 of Police Station Vaishali Nagar, Jaipur for the offences punishable under Sections 323, 376, 354, 384, 504, 506, 366, 420, 406 & 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has drawn the attention of this Court towards the statement rendered by PW-1, the prosecutrix, in which she has completely turned hostile and not

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(2 of 2)

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[CRLMB-11925/2021]

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supported the case of the prosecution. Learned counsel further submits that the prosecutrix is a lady aged 46 years and the age of the present petitioner is 42 years.

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Learned Public Prosecutor opposed the bail application.

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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 Omprakash Sharma S/o Shri Hanuman Prasad Sharma shall be released on bail in connection with FIR No.365/2014 of Police Station Vaishali Nagar, Jaipur 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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25-skant

Omprakash Sharma S/O Shri Hanuman Prasad Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Omprakash Sharma S/O Shri Hanuman Prasad Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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