Allowed

Jitendra Singh @ Jitu v. State of Rajasthan

Rajasthan HC24 May 2023CRLMB/1603/2023

Case brief

AI extract

What is this about?

This is a bail application filed under Section 439 Cr.P.C. The High Court, considering contradictions in the prosecutrix's statements and the lengthy period of incarceration, deemed it just and proper to grant bail to the accused without adjudicating on the merits of the case.

What did the court decide?

Bail allowed. Petitioner directed to be released on executing a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each.

Jitendra Singh @ Jitu Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 1603/2023

¶3

Jitendra Singh @ Jitu S/o Shri Kundan Singh Shekhawat, Aged About 26 Years, R/o Kali Pahari, P.s. Bagar, Dist. Jhunjhunu (Raj.) At Present 169 A.k. Gopal Nagar Khatipura, P.s. Vaishali Nagar, Dist. Jaipur. (At Present Lodged At District Jail, Churu)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

		----Respondent
For Petitioner(s)	: Mr. S. S. Shishodia Mr. Jaipal Singh
For Respondent(s)	: Mr. Anees Bhurat,PP

¶8

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

¶9

24/05/2023

¶10

The petitioner has been arrested in connection with FIR No.295/2021 of Police Station Ratangarh, District Churu for the offence punishable under Sections 376 & 406 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is also submitted that the prosecutrix has not made any allegation against the petitioner when she appeared before the SHO, Police Station Ratangarh and gave statement on 11.09.2021. It is also submitted that in the Missing Persons Report, the statement of prosecutrix was recorded wherein too she has not made any allegation against the petitioner. However, the prosecutrix in the statements recorded before the learned trial Court has made allegations against the petitioner for committing rape. Thus it is submitted that there are contradictions in the statements of the prosecutrix and since the petitioner is behind the bars from last

¶11

[CRLMB-1603/2023]

¶12

(2 of 2)

¶13

two years, therefore, it is prayed that the accused-petitioner may be enlarged on bail.

¶14

Per contra, learned Public Prosecutor opposed the prayer for bail and submitted that the prosecutrix has made allegations of rape against the petitioner in her statements recorded before the learned trial Court, therefore, the present bail application may be rejected.

¶15

Heard learned counsel for the parties and perused the material available on record. 5. Having regard to the facts and circumstances of the case and in view of the arguments advanced by learned counsel for the petitioner, without commenting on merits and demerits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C..

¶16

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jitendra Singh @ Jitu S/o Shri Kundan Singh Shekhawat shall be released on bail in connection with FIR No.295/2021 of Police Station Ratangarh, District Churu provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

¶17

(MADAN GOPAL VYAS),J

¶18

10-nidhi/-

Jitendra Singh @ Jitu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Singh @ Jitu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arbaz Vs State of Rajasthan

Madhavlal @ Madhu Vs State of Rajasthan

Kirtesh Dudawat Vs State of Rajasthan

Shankerlal Vs State of Rajasthan

Ashapura Welfare Sansthan Vs Ramawat Infra Private Ltd.

Ashapura Welfare Sansthan Vs Ramawat Infra Private Ltd.