The High Court of Judicature for Rajasthan, Jaipur Bench, enlarged the petitioner on bail under Section 439 Cr.P.C. in a case involving allegations under the SC/ST Act, considering the serious incongruities in the FIR and prosecutrix's statements.
Petitioner enlarged on bail with personal bond of Rs.50,000 and sureties of Rs.25,000 each.
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.
HIOH COURT OF JUDICATURE FOR WASTHAN
BENCH AT JAIPUR
Narotam 510 Santlal Meghwal, ~ged bout 28 Years. R/o Hansasar, Police Station Sadar, Jhunjhunu. District Jhunjhunu, Raj . (Petitioner Is In J.C. At District Jail ihunjhunu)
Versus For ~etitioner(s) : Mr. Ajay Kumar Tanenia, ~d$$', .. " . For ~e$~~hdent(s) : Mr. Laxman Meena, PP n a ,2sq -\
18/05/2022
1. The
Narotam S/o
petitioner has District Jhunjhunu registered at pol ice for the offence
3(2)(V) SC/ST Act.
2, Learned counsel for the petitioner submits that there are serious incongruencies and contradictions in the FIR and the statements of the prosecutrix. It is alleged in the FIR that accused Ankit was filming the scene from his mobile. On the contrary in her statement recorded under Section 164 of Cr.P.C., she alleged that the petitioner Wa making video and Ankit committed rape. of Prosecutrix 'P' and 'M', there are However I in both
3. Per contra, learned PU blic Prosecutor opposed the bail application.
4- Considering the arguments advanced by the counsel for the palties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge -i- 17" the petitioner on bail.^?$ $..a i; 1.~ C"? -L . % !el 2. -8 cu '9 i7 > _.rr_ ?, P 5. ccordingl,i,.the bail application under Sdctian ,%* k".' , -?-y ,ey 439 Cr.P.C. is h, '* LJ~ allowed an.d,i): is ordered that the accsed-etitione&.nd ed above ,&9 5 +l$i.- ,, " 9p shall be enlarged on bail provided he furnishes a persohabond in the sum of Rs.50,000/ ithf:t,$,ij*";';, iT .P- ~~sureties of Rs.25,000/- each to ,gU::zjf. 8 e g,p e+ ,+., ,3rSx$. $& ;> >;7y J?L the satisfaction of , **tvelearQ~~~iti,aII,l;l.gk** <;.. ,*,., ;t:-:-l JJ ..., =.--- .,. . ,":. <dt ..$ p% for his appearance .< .b .$. , ,,>,:\ *.'-, & 7 ,:,+...-&; 2.:77> , , > ::> 8, ;>:2r2;:;>;.i,2F: ., 7 T , $ -,, .<, ?.., +.,.,:> < :;;,).,fy",:; <J:&~** before the court **cone~~~ed;~.~p$;a,~I;-;fhe~~~~$~tes** of hearing as and ,q'i:q;gjYj ,ez **_:J;71_** _,i-::_ **Ji.'>xi:. _9C.:,_ ,yr .,,\ jCG;\4:>iTfbji~~ when ca 11 ed u pan to d 0 ,AJL +YCr~,! ;>i$!?<,',t~.** **_,A>& iy$y>&'jjt G, 2_ -.- ,-.J:Y, &A :r ,jhr{ p> (FA WAND ALI), J
Ashwani /-6
2 issues framed by the court
Whether bail should be granted in a case under Section 3(2)(V) of the SC/ST Act involving allegations of culpable homicide.
Whether the incongruities in the FIR and statements of the prosecutrix warrant release on bail.
1 provisions across 1 enactments
Narotam S/o Meghwal
FA WAND
ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
