Allowed

Rajesh S/O Balwan @ Balram v. State of Rajasthan

Rajasthan HC6 Jun 2023CRLMB/1330/2023

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan Bench at Jaipur granted bail to two accused-petitioners in a case involving sexual offence allegations. The court relied on an affidavit by the prosecutrix alleging the FIR was falsely lodged, despite the presence of the prosecutrix in court confirming a compromise.

What did the court decide?

The accused-petitioners shall be released on bail provided they furnish a personal bond and two sureties.

Rajesh S/O Balwan @ Balram 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 Miscellaneous Bail Application No. 1330/2023

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Rajesh S/o Balwan @ Balram, Aged About 22 Years, R/o Khera Mangal Singh Police Thana Reni District Alwar (Raj.) (Accused Is Presently Confined In District Jail Dausa)

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Guddu S/o Babulal, Aged About 24 Years, R/o Mudiya Khera Mangal Singh, Police Thana Reni, District Alwar (Raj.) (Accused Is Presently Confined In District Jail Dausa)

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----Petitioners

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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. Brijesh Kumar Bhardwaj Advocate. For Respondent(s) : Mr. G.S. Rathore, GA-Cum-AAG For Complainant : Mr. Anupam Sharma Advocate.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR ( V. J. )

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Order

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06/06/2023

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This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.527/2022 registered at Police Station Mehwa, District Dausa for the offences under Sections 323, 341, 366, 376-D & 506 of Indian Penal Code, 1860 and after investigation, police added under Sections 342, 324, 366, 376-D & 506 of Indian Penal Code, 1860.

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Learned counsel for the petitioners has submitted that accused-petitioners have been falsely implicated in this case. So called incident said to be occurred on 19.07.2022, whereas, the

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[CRLMB-1330/2023]

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(2 of 3)

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FIR has been lodged with a delay of almost 10 days without any cogent reason. He has further submitted that charge-sheet has been filed. Petitioners are aged about 22 & 24 years respectively and they are in judicial custody since 13.09.2022. He has also submitted that an affidavit of the prosecutrix has been placed on record in which she has stated that FIR has been falsely lodged at the instance of her husband and other persons. She has also deposed that accused-petitioners-Rajesh & Guddu have not committed any rape on her, therefore, petitioners should be enlarged on bail.

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Learned Public Prosecutor vehemently opposed the bail application.

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The prosecutrix is also present in the Court and admits that compromise has been arrived at with the accused petitioners. Learned counsel appearing for the complainant also admits the aforesaid fact of compromise.

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Having regard to the facts and circumstances of the case and looking to the fact that an affidavit has been filed by the prosecutrix in which she has deposed that FIR has falsely been lodged, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accusedpetitioners under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner No.1- Rajesh S/o Balwan @ Balram and petitioner No.2 - Guddu S/o Babulal arrested in connection with FIR No.527/2022 registered at Police Station Mehwa, District Dausa shall be released on bail provided each of

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[CRLMB-1330/2023]

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(3 of 3)

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them furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Petitioners 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 ( V. J. )],J

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Sanjay Kumawat-21

Rajesh S/O Balwan @ Balram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh S/O Balwan @ Balram v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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