Allowed

Udai Singh S/O Ganeshi v. State of Rajasthan

Rajasthan HC25 Jan 2021CRLMB/14313/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused involved in a rape case under Section 376 IPC, citing hesitation, delayed FIR, no Section 161 statement allegations, and hostile witnesses. The petitioner must execute a personal bond of Rs. 1 lakh with two sureties of Rs. 50,000 each.

What did the court decide?

Petitioner released on bail upon executing a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each, to appear on subsequent dates.

Udai Singh S/O Ganeshi Vs State of Rajasthan — Bail and Remand | 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. 14313/2020

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Udai Singh S/o Ganeshi, Resident Of Village Ajan (Bada Nagla) Police Station, Udyog Nagar, Distt. Bharatpur ( At Present Confined In Jail At Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Nishant Sharma For Respondent(s) : Mr. Deshraj Gosingha, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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25/01/2021

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

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F.I.R. No. 99/2020 was registered at Police Station Udyog Nagar, District Bharatpur for offence under Section 376 of I.P.C.

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It is contended by counsel for the petitioner that the complainant and his parents have turned hostile. From the record it is revealed that complainant was knowing about the relationship of petitioner with his wife. There is an inordinate delay in lodging of FIR. The deceased after treatment went to her home. There is no allegation in Section 161 Cr.P.C. Thereafter in statements recorded under Section 164 Cr.P.C., she has levelled allegation with regard to rape and blackmailing. It is also contended that no obscene material has been recovered from the petitioner.

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(2 of 2)

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[CRLMB-14313/2020]

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Learned Public Prosecutor has opposed the bail application.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to

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do so.

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(PANKAJ BHANDARI),J

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NIKHIL KR. YADAV /5

Udai Singh S/O Ganeshi v. State of Rajasthan

Case brief

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What did the court decide?

Udai Singh S/O Ganeshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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