Allowed

Kalu @ Sattu S/O Shri Goru v. State of Rajasthan

Rajasthan HC25 Jul 2023CRLAS/736/2023

Case brief

AI extract

What is this about?

High Court bench at Jaipur allowed an S.B. Criminal Appeal against an interim bail order. The court enlarged the accused-appellant on bail, setting aside the impugned order without expressing an opinion on merits, considering the submission of a consensual relationship and cross-registration of cases.

What did the court decide?

Accused-appellant released on bail on personal bond of Rs.50,000 and two sureties of Rs.25,000 each by furnishing bond to trial court.

Kalu @ Sattu S/O Shri Goru Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 736/2023

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Kalu @ Sattu S/o Shri Goru, Aged About 26 Years, R/o Bore Ka Kua, Police Station Mandawara, District Jhalawar, Presently Residing As Tenant Of Kalu Mewaras House, Dhaneshwar, Police Station Dabi, District Bundi, Raj. (At Present Lodged In District Jail, Bundi)

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----Appellant

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Versus

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State Of Rajasthan, Through PP

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Xxx, W/o Shri Devraj, resident of Dhanshwar, Dabi, Bundi, Raj.

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----Respondents

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For Appellant(s) : Mr. S. Gaharana For Respondent(s) : Mr. S.K. Mahala, PP Mr. Vivek Sharma (for complainant)

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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25/07/2023

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.222/2022 registered at Police Station Dabi, District Bundi for the offences under Section 376 of IPC and Sections 3(1)(w) & 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act.

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Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record.

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It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case. It is further

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[CRLAS-736/2023]

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(2 of 3)

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contended that prosecutrix, who is married lady aged about 25 years, has already been examined before the trial court. It appears from the testimony of the prosecutrix that relation between the petitioner and prosecutrix were consensual in nature. It is further contended that the appellant was beaten by the family members of the prosecutrix for which matter was reported to the police and in counter, this false FIR has been lodged by prosecutrix and this fact has been admitted by prosecutrix in her cross-examination. It is further contended that sister of the prosecutrix has not supported the prosecution case and she has been declared hostile. It is further contended that appellant is in custody since long and trial is likely to consume time.

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Per contra, learned Public Prosecutor has opposed the bail application and submits that there is allegation against the appellant of committing rape with the prosecutrix. 5. Learned counsel for the complainant/victim has no objection if bail is granted to the appellant. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and the fact that relations of the prosecutrix with her husband were not cordial and cross cases have been registered between the parties, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 13.03.2023 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Bundi is set aside. It is ordered

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(3 of 3)

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[CRLAS-736/2023]

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that the accused-appellant- Kalu @ Sattu S/o Shri Goru arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he/she furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the 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.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /205

Kalu @ Sattu S/O Shri Goru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalu @ Sattu S/O Shri Goru v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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