Allowed

Chot Lal S/O Ram Niwas v. State of Rajasthan

Rajasthan HC28 Sept 2021CRLMB/8012/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner, Chot Lal, who was arrested for kidnapping under Section 363 IPC. The court, after perusing the prosecution statements, granted bail noting that the trial is likely to take time and did not express an opinion on the merits.

What did the court decide?

Petitioner released on bail subject to personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Chot Lal S/O Ram Niwas 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. 8012/2021

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Chot Lal S/o Ram Niwas, R/o Vill. Modsa Ps Dei Tehsil Nainwa Dist. Bundi Raj. (At Present Accused Confined In Dist. Jail Bundi)

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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. Dushyant Singh Naruka 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.117/2021 of Police Station Talera, District Bundi for the offence punishable under Section 363 IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has drawn the attention of this Court towards the statements rendered by the prosecutrix under Sections 161 & 164 Cr.P.C.. Learned counsel further submits that the statement under Section 164 Cr.P.C. is blown out of proportion with the intent of creating grave offence out of the allegations. Learned counsel also submits that in her statement rendered under Section 161 Cr.P.C., the prosecutrix, who is nearby 18 years old, has admitted that she was in friendship with the petitioner and was regularly in touch with him and also went with him; she was taken away on the pretext of getting married, but

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(2 of 2)

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[CRLMB-8012/2021]

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the present petitioner had established forceful physical relationship with her.

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Learned Public Prosecutor opposed the bail application.

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This Court, taking note of the statement under Sections 161 & 164 Cr.P.C., is not inclined to continue the custody of the petitioner in this case at this stage.

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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 Chot Lal S/o Ram Niwas shall be released on bail in connection with FIR No.117/2021 of Police Station Talera, District Bundi 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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Chot Lal S/O Ram Niwas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chot Lal S/O Ram Niwas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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