Allowed

Raju Lal Son of Nand Lal v. State of Rajasthan

Rajasthan HC24 Mar 2023CRLMB/12542/2022

Case brief

AI extract

What is this about?

High Court allowed bail to Raju Lal under Section 439 Cr.P.C. in a rape case after noting the petitioner's eight-month incarceration, allegations of false implication due to land disputes, prior enmity, and lack of fresh injuries during medical examination, without expressing an opinion on the case merits. Relief granted is personal bond with two sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000/- plus two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

Raju Lal Son of Nand Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/004764]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12542/2022 Raju Lal Son Of Nand Lal, Resident Of Mahuakheda, Police Station Ghatoli, District Jhalawar (Raj.)

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(At Present In Distt. Jail Jhalawar)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s)	: Mr.	Harendra Singh
For Respondent(s)	: Mr.	Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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24/03/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.136/2022, Police Station Ghatoli, District Jhalawar for the offence under Section 376 IPC.

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Heard learned counsel for the petitioner, learned Public Prosecutor and also perused the material available on record.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. The said incident took place on 26.05.2022 at 9 a.m. and the FIR was lodged on 27.05.2022, in which allegation of rape has been levelled against the accused-petitioner. It has been contended that the prosecutrix was medically examined, but the injury report

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shows that no fresh injury has been found on the body of the prosecutrix. The age of the prosecutrix is about 32 years. In the statements recorded under Section 161 Cr.P.C. as well as statements recorded during the trial, the prosecutrix had admitted that there is prior enmity between the parties regarding dispute of the agricultural land. The prosecutrix has narrated another incident that the accused has lodged a false FIR against one family member of the prosecutrix for the offence of theft. The fact of enmity has also been confirmed by the mother-in-law of the prosecutrix in her statements recorded under Section 161 Cr.P.C. It has also been contended by learned counsel for the accusedpetitioner that the accused-petitioner is behind the bars since 28.07.2022 i.e. about eight months, therefore the accusedpetitioner be released on bail.

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Learned Public Prosecutor vehemently opposed this bail application.

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Having regard to the facts and circumstances of the case, looking to the fact that the accused-petitioner is behind the bars since almost eight months, the statements of the prosecutrix recorded under Section 161 Cr.P.C., the prior enmity between the parties and without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Raju Lal Son Of Nand Lal , shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of

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Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR), J

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AARZOO ARORA /17

Raju Lal Son of Nand Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raju Lal Son of Nand Lal v. State of Rajasthan

Case brief

What is this about?

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