Allowed

Mahendra v. State of Rajasthan

Rajasthan HC5 Jan 2021CRLMB/26/2021

Case brief

AI extract

What is this about?

Hon'ble Dr. Justice Pushpendra Singh Bhati allowed bail to Mahendra, the petitioner arrested under IPC 450 and 376(2)(Dh) for FIR No. 82/2020, noting that the evidence did not justify continued custody. Bail was granted subject to execution of a personal bond with sureties.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. upon execution of a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Mahendra Vs State of Rajasthan — Securities and Capital Markets | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 26/2021

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Mahendra S/o Sh. Dhanna Ram, Aged About 21 Years, R/o Rathodi Knua, Nagaur, P.s. Kotwali Nagaur, Dist. Nagaur. (Presently Lodged In District Jail, Nagaur ).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Rakesh Arora on VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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05/01/2021

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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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. 82/2020 of Mahilal Thana, District Nagaur for the offences punishable under Section 450 and 376(2)(Dh) of IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has drawn attention of this Court towards the statement rendered by the prosecutrix under Section 164 of Cr.P.C. and also shown certain photographs, which has been submitted before the Court.

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Learned counsel for the petitioner further submits that charge-sheet has already been filed. The age of the prosecutrix is 30 years.

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(2 of 2)

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[CRLMB-26/2021]

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Learned Public Prosecutor opposes the bail application.

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This Court, on reading of the statement rendered by the prosecutrix under Section 164 of Cr.P.C., finds that the prosecutrix is alleging the continuous of offence for about four months and the age of the prosecutrix is 30 years whereas the petitioner is 21 years old boy. The photographs and statement of the prosecutrix do not induce the confidence of this Court to continue the custody of the present accused petitioner 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 Mahendra S/o Sh. Dhanna Ram shall be released on bail in connection with FIR No. 82/2020 of Mahilal Thana, District Nagaur 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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121-Sudheer/-

Mahendra v. State of Rajasthan

Case brief

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Mahendra v. State of Rajasthan

Case brief

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