Allowed

Shankar Lal S/O Shri Kishanlal v. State of Rajasthan

Rajasthan HC28 Sept 2022CRLMB/3051/2022

Case brief

AI extract

What is this about?

This order grants bail to the accused-applicant charged with offences under Sections 376, 384 IPC, POCSO, and IT Act. The court relied on the victim's cross-examination admissions regarding animosity and the medical report showing no injuries indicative of rape.

What did the court decide?

Allowance of bail application on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Shankar Lal S/O Shri Kishanlal 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. 3051/2022

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Shankar Lal S/o Shri Kishanlal, Aged About 32 Years, R/o Vill. Sanod Ps Nasirabad Dist. Ajmer Raj. (At Present In Central Jail Ajmer)

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Accused----Applicant

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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. Rajesh Kumar Sharma For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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28/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.300/2021 registered at Police Station Nasirabad Sadar District Ajmer for the offence(s) under Sections 376, 384 of IPC, Section 3/4 of Protection of Children From Sexual Offences Act 2012 & Section 67 of I.T. Act.

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Learned counsel for the accused-applicant has submitted that accused-applicant is 32 years old and is the sole bread earner of his family. Accused-applicant is falsely implicated and is behind the bars since 24.11.2021 and charge-sheet in the instant matter has been filed. As per the medical report dated 23.11.2021, it is clear that there are no mark of any injuries and the medical is not suggestive of rape. Learned counsel for the applicant has also relied upon cross examination of the

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(2 of 3)

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[CRLMB-3051/2022]

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victim in question, conducted on 11.05.2022, wherein, victim has categorically submitted that on account of animosity between family of complainant and the accused, the present FIR was filed. Learned counsel has further submitted that in the facts and circumstances of the case, accused-applicant should be enlarged on bail.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor has informed the court that the complainant/victim was duly informed about the present matter. Learned Public Prosecutor has submitted that specific allegation of rape are levelled against the accused-applicant by the victim in her 161 and 164 statements. However, he was not able to refute the contents of cross examination made on 11.05.2022, nor was he able to controvert the fact that no injury was revealed in the medical report.

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Considering the arguments advanced by the counsel for the parties and considering that the accused-applicant is in custody since 24.11.2021; that charge-sheet has been filed; that in the cross examination the victim in question has herself stated that the present complaint was filed on account of previous animosity between the accused-applicant and the complainant families; that medical report is not revealing any injury nor is it suggestive of rape and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Shankar Lal S/o Shri Kishanlal shall be enlarged on bail provided he furnishes a

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(3 of 3)

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[CRLMB-3051/2022]

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personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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JKP/5

Shankar Lal S/O Shri Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Lal S/O Shri Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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