Dismissed

Subhash Godara S/O Shri Madan v. State of Rajasthan

Rajasthan HC9 Dec 2022CRLMB/11538/2022

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's application for anticipatory bail under Section 438 Cr.P.C. The application concerned FIRs for rape and sexual assault against a minor. The court noted the petitioner's criminal antecedents and the nature of offences, concluding it was not proper to grant bail without expressing an opinion on merits.

What did the court decide?

The application for anticipatory bail under Section 438 Cr.P.C. stood dismissed.

Subhash Godara S/O Shri Madan Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11538/2022

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Subhash Godara S/o Shri Madan, Aged About 28 Years, R/o Vill. Hajipura, Tehsil Piplu, Distt. Tonk (Raj.)

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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

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For Petitioner(s) : Mr. Nikhil Sharma, Advocate Mr. Moin Khan, Advocate For Respondent(s) : Mr. Laxman Meena, Public Prosecutor Mr. Aman Ali, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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09/12/2022

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This anticipatory bail application has been filed under Section 438 of Cr.P.C. in connection with FIR No. 78/2022 registered at Police Station Piplu, District Tonk for the offences under Sections 341, 323, 354-A & 376(2)(n) of IPC and Sections 5(L)/6 & 7/8 of the POCSO Act.

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Learned counsel for the petitioner submits that the present FIR has been lodged as a counterblast of the FIR lodged by the family members of the petitioner against family members of the complainant and it has been lodged just to influence the investigation of the actual incident and copy of the FIR No.76/2022 is annexed herewith as Annexure-3, wherein, the uncle of the petitioner had died. Learned counsel further submits that the FIR has been lodged after a delay of more than one year

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(2 of 3)

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[CRLMB-11538/2022]

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on the basis of false and fabricated facts. Learned counsel further submits that the complainant assaulted the family members of the petitioner on the very same day i.e. 26.03.2022, causing the death of his uncle and causing injuries to their family members. Learned counsel also submits that the petitioner has been given interim protection from arrest by the Co-ordinate Bench of this Court vide its order dated 29.07.2022 and in compliance of that order, the petitioner has joined the investigation. Hence, the anticipatory bail application of the accused-petitioner may kindly be granted.

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On the other hand, learned Public Prosecutor as well as learned counsel for the complainant has opposed the bail application and has produced a copy of the factual report dated 06.12.2022 for perusal of this Court, which is taken on record.

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Heard learned counsel and perused the material available on record.

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As per the FIR, the victim is 17 years of age and she has levelled allegation of rape against the petitioner in FIR as well as in her statements recorded under Sections 161 & 164 of Cr.P.C. As per factual report, the petitioner has criminal antecedents of one case and it has also been mentioned in the said factual report that during investigation, offences punishable under Sections 354A & 376(2)(n) of IPC & Sections 5(L)/6 & 7/8 of the POCSO Act were found against the petitioner. Therefore, looking to the above facts and circumstances of the case but; without expressing any opinion on the merits and demerits of the case, I deem it not proper to enlarge the petitioner on anticipatory bail.

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(3 of 3)

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[CRLMB-11538/2022]

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Hence, the anticipatory bail application of the petitioner

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is hereby dismissed.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /26

Subhash Godara S/O Shri Madan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Subhash Godara S/O Shri Madan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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