Allowed

Sukhlal v. State of Rajasthan

Rajasthan HC3 Feb 2023CRLMB/1392/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur granted bail to the petitioner accused of rape under Section 376(2)(N) IPC. The court held that the investigation and trial would take considerable time and it was just and proper to release the petitioner on a personal bond with sureties.

What did the court decide?

Petitioner to be enlarged on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 to the trial court.

Sukhlal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/003838]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1392/2023

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Sukhlal S/o Shankar, Aged About 27 Years, Lohariya Pada, P.s. Garhi, Dist. Banswara (Raj.). (Presently Lodged In Dist. Jail, Banswara).

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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. Raghuveer Singh Bhati
For Respondent(s)	: Mr. S.K. Bhati,PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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03/02/2023

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.265/2022 Police Station Garhi, District Banswara for the offences punishable under Section 376(2)(N) of I.P.C. Learned counsel for the petitioner submits that the petitioner is falsely implicated in the case. In the FIR, it is narrated that four years back petitioner raped the prosecutrix. The delay in the FIR itself is sufficient to disbelieve the prosecution story.

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Learned Public Prosecutor vehemently opposes the bail application.

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I have considered the arguments advanced by learned counsel for the parties and perused the material available on record.

(2 of 2)

[2023/RJJD/003838]

[CRLMB-1392/2023]

Taking into account the facts and circumstances of the case, without commenting on the merits of the case and looking to the facts that investigation/trial may take a considerable time, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Sukhlal S/o Shankar, shall be enlarged on bail in FIR No.265/2022 Police Station Garhi, District Banswara provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(PRAVEER BHATNAGAR),J

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171-Suraj/-

Sukhlal v. State of Rajasthan

Case brief

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Sukhlal v. State of Rajasthan

Case brief

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