Allowed

Rajendra Morya S/O Shri Bhairu Ram v. the State of Rajasthan

Rajasthan HC19 Jul 2021CRLMB/8803/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Rajasthan High Court allowed the petitioner's request, directing a release on a personal bond along with two sureties. The court accepted contentions regarding the petitioner's age and FIR delay.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Rajendra Morya S/O Shri Bhairu Ram Vs the State of… — Cheating and Forgery | 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. 8803/2021

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Rajendra Morya S/o Shri Bhairu Ram, R/o Village Barna P.s. Kishangarh, District Ajmer (At Present Confined In Central Jail Ajmer)

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----Petitioner

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Versus

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The State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Devanshu Sharma For State : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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19/07/2021

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Defect/s pointed out by the Registry is/are waived.

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

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F.I.R. No.220/2020 was registered at Police Station Kishangarh (Ajmer) for offence under Sections 376 & 384 I.P.C. and Section 67 of I.T. Act.

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It is contended by counsel for the petitioner that as per the age verification report, the incident took place on 20.09.2020. Petitioner's date of birth is 05.12.2003, meaning thereby, that he was less than 17 years of age, as on the alleged date of incident, whereas, the prosecutrix was aged 22 years at the time of alleged incident. It is also contended that there is an inordinate delay in lodging of F.I.R. No obscene material has been recovered from the

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(2 of 2)

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[CRLMB-8803/2021]

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mobile of petitioner.

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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 trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do

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so.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /15

Rajendra Morya S/O Shri Bhairu Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Morya S/O Shri Bhairu Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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