Single judge of Rajasthan High Court allowed bail application of Kanhaiya Lal charged with rape under IPC Sections 363, 366, and 376(2)(G), noting co-accused acquitted on similar facts and allowing personal bond.
Release on bail with personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each conditioned to appear before trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 17071/2022
Kanhaiya Lal S/o Shri Shivlal, Aged About 36 Years, R/o Kachnara, P.s. Narayangarh, District Mandsore ( M.p.) ( Accused At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
06/12/2022
This bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.98/2007, registered at Police Station Ramganjmandi, District Kota Rural wherein he is charged for offences punishable under Sections 363, 366 & 376(2) (G) IPC.
Learned counsel for the petitioner submits that the petitioner has not been named in the FIR. Learned counsel further submits that when the statement of the prosecutrix was recorded under Section 164 Cr.P.C., she has levelled the allegation of rape against the petitioner as well as co-accused Radheshyam. Learned counsel further submits that Radheshyam has been acquitted by the learned trial court by appreciating their evidence of the prosecutrix vide judgment dated 08.04.2010. Learned counsel further submits that now the petitioner has been arrested and he
(2 of 2) [CRLMB-17071/2022]
is not having any criminal antecedents. Learned counsel further submits that conclusion of the trial will take its own time, so indulgence of bail may be granted to him.
Per contra, learned Public Prosecutor opposed the bail application.
Considering the arguments put forward by learned counsel for the petitioner and looking to the facts that the allegations of rape were levelled against the petitioner as well as co-accusedRadheshyam, who was already been acquitted by the learned trial court vide judgment dated 08.04.2010 after appreciating the statement and evidence of the prosecutrix and trial will take its own time to conclude but without commenting any opinion on merits or demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Kanhaiya Lal S/o Shri Shivlal , arrested in connection with FIR No.98/2007, Police Station Ramganjmandi, District Kota Rural may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J
Gourav/76
2 issues framed by the court
Whether bail should be granted to the accused petitioner charged with rape when a co-accused was acquitted on similar evidence.
Whether disproportionate bail conditions are warranted given the petitioner lack of antecedents and the pending trial timeline.
1 provisions across 1 enactments
Kanhaiya Lal S/o Shri Shivlal
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
