Allowed

Diggi Singh Son of Late Shri Manveer Singh v. State of Rajasthan

Rajasthan HC6 Oct 2021CRLMB/16109/2021

Case brief

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What is this about?

In a bail application under Section 439 Cr.P.C. for an offence under Section 376 IPC, the High Court granted bail due to the five-year age of the allegation and absence of a police report. Directions were issued for release on personal bond with sureties.

What did the court decide?

Petitioner to be released on bail subject to personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to be approved by trial court.

Diggi Singh Son of Late Shri Manveer Singh Vs State of… — 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. 16109/2021

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Diggi Singh Son Of Late Shri Manveer Singh, Aged About 29 Years, R/o House No. A-53, Vardhman Royal City, Kunhadi, P.s. Kunhadi, Kota City District Kota ( Raj.) ( At Present Confined In Central Jail Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent For Petitioner(s) : Mr. Anil Kumar Upman 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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06/10/2021

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In the 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.179/2021 of Police Station Mahaveer Nagar Kota, District Kota for the offences punishable under Section 376 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner pointed out that incident is of five years old, as the relationship between the petitioner and prosecutrix went wrong, has resulted into filing the present FIR.

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Learned Public Prosecutor opposed the bail application.

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(2 of 2) [CRLMB-16109/2021]

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This Court looking to the fact that allegation itself is of five years old and no report of the same having been lodged, is a reason sufficient to discontinue the petitioner's custody at this stage.

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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 Diggi Singh Son Of Late Shri Manveer Singh shall be released on bail in connection with FIR No.179/2021 of Police Station Mahaveer Nagar Kota, District Kota 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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SANJAY SINGH TANWAR / SUDHEER/ 400

Diggi Singh Son of Late Shri Manveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Diggi Singh Son of Late Shri Manveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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