Allowed

Vikas S/O Shri Shreeram Jat v. State of Rajasthan

Rajasthan HC15 Sept 2022CRLMB/13694/2022

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of an accused in a rape case, deeming it just and proper to release him due to the prosecutrix's hostile version, her erroneous age, and the lengthy trial, subject to bond and sureties.

What did the court decide?

Bar was granted subject to furnishing a personal bond in the sum of Rs. 1,00,000/ along with two sureties in the sum of Rs. 50,000/- each.

Vikas S/O Shri Shreeram Jat Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous II^nd Bail Application No. 13694/2022

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Vikas S/o Shri Shreeram Jat, Aged About 27 Years, R/o Chichdoli, P.s. Bagad, Distt. Jhunjhunu (Raj.) (Presently In Distt. Jail At Jhunjhunu)

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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 For Petitioner(s) : Mr.Aditya Mishra, Adv. For Respondent(s) : Mr.Laxman Meena, P.P.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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15/09/2022

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Heard learned counsel for the parties.

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This misc. second bail application has been filed by the petitioner as the first bail application was dismissed by this Court on 12.01.2022 with liberty to the petitioner to move fresh bail application after statement of the prosecutrix.

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Learned counsel appearing for the petitioner submitted that statement of the prosecutrix has been recorded in the Court and she has not supported theory of the prosecution of committing rape on her by the present accused petitioner.

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Learned counsel submitted that the date of birth of the prosecutrix is in fact 15.05.2002 and as per her own statement recorded before the Court below, wrong date of birth was recorded in school by her parents as 15.05.2005.

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Learned counsel submitted that statement of the prosecutrix clearly reveals that no incident had taken place of committing rape

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(2 of 3)

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[CRLMB-13694/2022]

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on her and as such the petitioner who is in custody since 23.03.2021 may be released on bail.

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Learned Public Prosecutor has opposed the grant of bail to the present petitioner.

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Learned Public Prosecutor submitted that only on account of prosecutrix turning hostile during her examination in the Court, will not make the present petitioner entitled for grant of bail.

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Learned Public Prosecutor further submitted that there are other witnesses, who have clearly deposed during investigation that the petitioner was the main person, who committed the serious offence of rape on the prosecutrix and if the prosecutrix under some influence has not been able to give the correct version, the same should not result into granting of bail to the present petitioner.

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This Court prima-facie notices the following features in the present case, which reads as under:(i) The prosecutrix has already declined any incident of committing rape on her. (ii) The date of birth of the prosecutrix is also shown to be erroneously in her school record, whereas she admitted that she was born on 15.05.2002 and at the time of alleged commission of crime, she was around 20 years of age.

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(iii) The petitioner is in custody since 23.03.2021 and now he is not required for any custodial interrogation or otherwise.

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(iv) The Trial of the case will take considerable time.

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This Court, in view of the aforesaid discussion and without commenting any opinion on the merits of the case, deems it just and proper to release the accused-petitioner on bail.

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(3 of 3)

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[CRLMB-13694/2022]

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Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Vikas S/o Shri Shreeram Jat, shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/along with two sureties in the sum of Rs.50,000/- each, to the satisfaction of the learned Trial Court for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(ASHOK KUMAR GAUR),J

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Monika/24

Vikas S/O Shri Shreeram Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikas S/O Shri Shreeram Jat v. State of Rajasthan

Case brief

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