Allowed

Omprakash Son of Shri Shyamlal v. State of Rajasthan

Rajasthan HC9 May 2022CRLMB/5066/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the petitioner in a case involving offences under IPC Sections 363, 366, 376, POCSO, and SC/ST (Prevention of Atrocities) Act, relying on the victim's affidavit indicating consent for marriage and the complainant's lack of objection.

What did the court decide?

The petitioner shall be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Omprakash Son of Shri Shyamlal Vs State of… — Child Custody and Guardianship | 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. 5066/2022

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Omprakash Son Of Shri Shyamlal, Aged About 22 Years, Resident Of Ward No. 7, Ramgarh, Police Station Danta Ramgarh, District Sikar (Raj.) (At Present In District Jail Sikar)

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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. Shyam Bihari Gautam For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG Mr. Aniket Sharma for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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09/05/2022

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This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.072/2021 registered at Police Station Danta Ramgarh, District Sikar for the offences under Sections 363, 366(a) & 376(2)(n) of IPC, under Section 5(l)/7 of POCSO Act and under Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

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Learned counsel for the petitioner submits that the brother of the victim lodged a written report against the petitioner with regard to the incident alleged to have taken place on the same day i.e. 22.03.2021. The petitioner is behind the bars since long and charge-sheet has already been filed. Counsel further submits that the victim, in her statement recorded under Section 161 of Cr.P.C. stated that, she will marry the petitioner after attaining the age of majority. As per FIR and School Certificate of

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(2 of 2) [CRLMB-5066/2022]

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victim, her Date of Birth is 02.07.2003. Counsel also submits that

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learned counsel for the complainant has no objection if the bail application of the petitioner is granted. Hence, the petitioner may kindly be released on bail.

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Learned Government Advocate-cum-Additional Advocate General has opposed the bail application, whereas, learned counsel for the complainant has submitted that he has no objection if the bail application of the petitioner is granted.

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Considering the submissions made by learned counsel for the petitioner as well as learned counsel for the complainant and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Omprakash Son Of Shri Shyamlal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge 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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(CHANDRA KUMAR SONGARA),J

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Satyendra/15

Omprakash Son of Shri Shyamlal v. State of Rajasthan

Case brief

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Omprakash Son of Shri Shyamlal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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