This judgment dismisses a bail application under Section 439 Cr.P.C. The High Court observed the gravity of the offence and the victim's statement, concluding it was not proper to release the petitioner on bail.
The bail application under Section 439 of Cr.P.C. is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 3082/2022
Mayank Laxkar @ Bittu S/o Sh. Shankar Lal, R/o Ward No. 11 Mahajan Mohalla Jyoti Marg Deoli Distt. Tonk Raj. (Presently Confined At Dist. Jail Tonk)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Vikas Kabra For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
06/05/2022
This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 314/2021 registered at Police Station Deoli, District Tonk for the offences under Sections 376, 354, 384, 201 & 120-B of IPC.
It is submitted by learned counsel for the petitioner that there is no evidence of any kind of forceful sexual intercourse, moreover, the medical evidence doesn’t support the case of prosecution. The contents of the FIR are contradictory to each other. The petitioner is behind the bars since long and chargesheet has already been filed. As per rejection bail order, the petitioner has criminal antecedents of one case and he has been acquitted in that case. Hence, the accused-petitioner may be released on bail.
(2 of 2)
[CRLMB-3082/2022]
Learned Public Prosecutor has strongly opposed the bail application.
Heard and perused the material available on record.
As per the FIR, age of the prosecutrix is 18 years and 8 months. At the instance of the petitioner, 50,000 rupees cash, one touch screen mobile, two gold bangles, two gold bracelets (kada), one gold necklace, one gold Mangalsutra, four gold pieces and 90,000 rupees cash etc. were recovered from the petitioner. As per rejection bail order, the petitioner has criminal antecedents of one case of FIR No. 57/2017 for the offences under Sections 376, 384 & 379 of IPC and Section 67-A of IT Act. After investigation, the charge-sheet has been filed against the petitioner for the offences under Sections 354, 354-A, 354-D, 376, 384, 201 & 120B of IPC.
Therefore, looking to the statement of victim under Sections 161 & 164 of CrPC, the facts & circumstances of the case and gravity of the offence, but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 of Cr.P.C. is dismissed.
(CHANDRA KUMAR SONGARA),J
Payal/15
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 of Cr.P.C. in a case involving graves and sexual offences.
2 provisions across 1 enactments
Mayank Laxkar @ Bittu
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
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