Dismissed

Harshit Parwal S/O Sh. Ajay Parwal v. State of Rajasthan

Rajasthan HC1 Dec 2023CRLMB/12259/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the petitioner's bail application in a case involving IPC rape charges, POCSO, and SC/ST Atrocities. Despite a claim of false implication, the court noted gravity of allegations and financial transfers, ordering priority testimony recording before allowing a fresh application.

What did the court decide?

Bail application dismissed; liberty to file fresh application after recording prosecutrix's testimony.

Harshit Parwal S/O Sh. Ajay Parwal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12259/2023

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Harshit Parwal S/o Sh. Ajay Parwal, Aged About 20 Years, R/o Sd-215, Shantio Nagar, Hatwara Road, Police Station Sadar, Jaipur, Rajasthan. (Presently Confined In Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Vikas Kabra For Respondent(s) : Mr. Sanjeev Mahala, PP Mr. Ajay Shukla with Mr. Nepal Puriya Mr. Raghav Sharma, for complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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01/12/2023

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Petitioner has filed this bail application under Section 439 of Cr.P.C.

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F.I.R. No. 726/2023 was registered at Police Station Shipra Path, District Jaipur City (South) for offences under Sections 376(2)(n) & 384 of IPC, Section 5/6 of POCSO Act & Sections 3(1) (w)(i), 3(1)(s), 3(1)(r) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

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It is contended by counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.

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[CRLMB-12259/2023]

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(2 of 3)

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Counsel for the petitioner submits that petitioner and prosecutrix were in relationship with each other which is evident from the statement of prosecutrix, recorded under Section 164 Cr.PC. Counsel further submits that prosecutrix is at the verge of majority and she developed physical relations with the petitioner on her own. He further submits that there are no criminal antecedents of the petitioner. He further submits that petitioner is in custody since 25.08.2023. He further submits that charge-sheet has been filed in this matter and trial will take considerable time. Counsel contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor assisted by learned counsel for the complainant has opposed this bail application and they submit that there is specific allegation against the petitioner of commission of rape and the prosecutrix was sexually exploited by the petitioner. Apart from this evidence, huge amount has been transferred in the account of the petitioner from the account of the father of the prosecutrix.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the nature and gravity of allegations attributed to the accused petitioner and the fact that huge amount of money has been transferred in the account of the petitioner from the account of the father of the prosecutrix, I am not inclined

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[CRLMB-12259/2023]

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(3 of 3)

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to accept this bail application at this stage.

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Accordingly, the bail application is dismissed. However petitioner is at liberty to file fresh bail application after recording testimony of the prosecutrix. The trial Court is directed to record the testimony of the prosecutrix on priority basis.

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(ANIL KUMAR UPMAN),J

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ANAND TANWAR /44

Harshit Parwal S/O Sh. Ajay Parwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harshit Parwal S/O Sh. Ajay Parwal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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