Alkesh v. State
Case brief
What is this about?
The Single Judge allowed a bail application under Section 439 Cr.P.C., directing the release of the accused arrested for offences under Sections 366 and 376(2)(N) IPC. The court found some merit in the claim of consensual relations between two major persons and granted bail subject to furnish bonds.
What did the court decide?
The accused Alkesh S/o Loveji shall be released on bail provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- each to the satisfaction of the learned trial court.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5/2021
Alkesh S/o Loveji, Aged About 21 Years, Balchuna, Police Thana Patan, Dist. Banswara. (Accused Lodge At Dist. Jail Banswara).
----Petitioner
Versus
State, Through P.P
----Respondent
| For Petitioner(s) | : Mr. Parikshit Nayak |
|---|---|
| For Respondent(s) | : Mr. B.R. Bishnoi, AGC |
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
25/01/2021
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.72/2020, Mahila Police Station, District Banswara for offences under Sections 366, 376(2) (N) of the IPC.
Issues for consideration
3 issues framed by the court
Whether bail can be granted to the accused in a case involving offences under Sections 366 and 376(2)(N) IPC where the prosecutrix and petitioner are major persons.
Whether the delay in lodging the FIR and consensual nature of the relation are sufficient grounds to grant bail.
The quantum of bail bond required for the release of the accused.
Parties & counsel
- petitioner
Alkesh S/o Loveji
- respondent
State
Coram
SANDEEP MEHTA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLMB/5/2021
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