Allowed

Monu Kumar S/O Rajesh Kumar v. the State of Rajasthan

Rajasthan HC28 Sept 2021CRLMB/11959/2021

Case brief

AI extract

What is this about?

The High Court at Jaipur granted bail to the accused in a rape and cheating case, noting discrepancies in the prosecutrix’ statement. The court authorized release pending trial subject to a personal bond and without expressing an opinion on the merits.

What did the court decide?

Petitioner released on bail on personal bond of ₹50,000 with two sureties of ₹25,000 each; liberty to complaint against cancellation if harassment ensues.

Monu Kumar S/O Rajesh Kumar Vs the State of Rajasthan — 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. 11959/2021

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Monu Kumar S/o Rajesh Kumar, Aged About 21 Years, R/o Hingota At Ps Mandawar Dist. Dausa (Presently In Dausa Jail)

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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. Vaibhav Sharma and Mr. R.P. Meena for Mr. Shrikant Meena
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.52/2021 of Police Station Mandawar, District Dausa for the offences punishable under Sections 376, 66D, 457 IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has shown the statement rendered by the prosecutrix under Section 161 Cr.P.C., in which she has narrated the fact that she was living in a joint family and she was raped by the present petitioner. Learned counsel further submits that the first incident reported was of 28.01.2021 whereas the FIR was lodged on 18.02.2021. Learned counsel also

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(2 of 3) [CRLMB-11959/2021]

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pointed out that there are discrepancies in the stand taken by the prosecutrix, who is a major lady. Learned counsel also submits that the husband of the prosecutrix has also deposed in the statement under Section 161 Cr.P.C. that the petitioner has committed rape on his wife for about 5-6 months.

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Learned Public Prosecutor opposed the bail application.

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This Court, upon a conjoint reading of the statement under Section 161 Cr.P.C. rendered by the prosecutrix and other family members, is inclined to grant bail.

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Thus, 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 Monu Kumar S/o Rajesh Kumar shall be released on bail in connection with FIR No.52/2021 of Police Station Mandawar, District Dausa 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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However, in case hereinafter, the petitioner causes any harassment or try to contact the complainant/prosecutrix, she

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(3 of 3)

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[CRLMB-11959/2021]

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shall be at liberty to move an application for cancellation of bail

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granted to the petitioner.

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(DR. PUSHPENDRA SINGH BHATI),J

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26-skant

Monu Kumar S/O Rajesh Kumar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Monu Kumar S/O Rajesh Kumar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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