Allowed

Sohan Lal v. State of Rajasthan

Rajasthan HC16 Mar 2023CRLMB/1748/2023

Case brief

AI extract

What is this about?

High Court of Judicature for Rajasthan at Jodhpur allowed bail under Section 439 Cr.P.C. to the petitioner in an IPC case involving sexual offences. The court, noting discrepancies in the complainant's account regarding how the petitioner entered her home, found the custody of the petitioner unconfident and granted bail subject to personal bond and two sureties.

What did the court decide?

Petitioner released on bail under a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to satisfy the trial Court.

Sohan Lal Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJD/006713]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1748/2023

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Sohan Lal S/o Kamla, Aged About 32 Years, R/o Piplawani, P.S. Danpur, District Banswara (Raj.) (Presently Lodged In 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) : None present For Respondent(s) : Mr. Anil Joshi, AAG

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HON'BLE DR. JUSTICE NUPUR BHATI Order

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16/03/2023

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The lawyers are abstaining from work on account of strike.

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Nobody appears on behalf of the petitioner.

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This application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.202/2022, Police Station Danpur, Banswara for the offences under Sections 450 and 376 of IPC.

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Learned AAG vehemently opposed this bail application however, submits that the complainant is major and when the husband of the complainant was away, the petitioner forced himself upon her and when the child of the complainant started crying, her mother-in-law came in there. He further submits that in the FIR, the complainant has mentioned that while she was sleeping in her home, the petitioner had committed forcible sexual intercourse with her, whereas in the statement recorded under

(2 of 2)

[2023/RJJD/006713]

[CRLMB-1748/2023]

Section 164 Cr.P.C., it has been stated that prosecutrix was sleeping with her children and when she went out of the house to answer the nature’s call, the petitioner had forcibly intercourse with her.

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Heard learned AAG and also perused the material available on record.

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This Court observes that there is no satisfactory explanation given by the complainant as to how the petitioner entered her home, specifically her bedroom. The factual matrix of the case does not inspire confidence of this Court to continue the custody of the petitioner, at this stage. This Court, without expressing any opinion on merits/demerits of the case, is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Sohan Lal S/o Kamla, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of 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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(DR.NUPUR BHATI),J

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20-amit/-

Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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