Allowed

Sandeep Kumar Godara S/O Shri Dalchand v. State of Rajasthan

Rajasthan HC6 Jun 2023CRLMB/2220/2023

Case brief

AI extract

What is this about?

In a bail application arising from FIR No.605/2022 involving offences under IPC Sections 376(2)(n), 506 and 509, the High Court of Rajasthan, noting the delay in FIR lodging and absence of charge sheet at the time of grant, deemed it just and proper to enlarge the petitioner on bail.

What did the court decide?

The petitioner was enlarged on bail on furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to the satisfaction of the trial Court.

Sandeep Kumar Godara S/O Shri Dalchand 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. 2220/2023

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Sandeep Kumar Godara S/o Shri Dalchand, Aged About 23 Years, R/o Village And Post Tusod, Police Station Nechhawa, District Sikar(Raj.) (At Present Confined In District Jail Sikar)

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----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. Anil Kumar with Mr. Pradeep Bochaliya For Respondent(s) : Mr. Babu Lal Nasuna, PP

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

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06/06/2023

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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.605/2022, Police Station Udyog Nagar, Sikar for the offences under Sections 376 (2) (n), 506 and 509 of IPC.

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Learned counsel for the petitioner submits that the date of incident has been shown in the FIR as 24.03.2022 and the FIR has been lodged on 30.08.2022. He further submits that the FIR has been lodged after a delay of almost five months. Prosecutrix and accused are almost of the same age i.e. 23 years. In the FIR, Prosecutrix has levelled the allegation that the accused made physical relations with her on the pretext of marriage but he refused to do so. Learned counsel further submits that in the statement recorded under Section 164 Cr.P.C. prosecutrix has stated that she was having physical relationship with the accused with her own will. Learned counsel further submits that the charge

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(2 of 2) [CRLMB-2220/2023]

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sheet has been filed in this matter and conclusion of trial will take long time. He prayed that the petitioner is behind the bars since 06.10.2022 the date on which he was arrested, therefore, petitioner should be enlarged on bail.

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Learned Public Prosecutor vehemently opposed the bail application.

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Having regard to the facts and circumstances of the case and considering the fact that charge sheet has already been filed; petitioner is behind the bars since 06.10.2022 and conclusion of trial will take long time, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-petitioner 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 Sandeep Kumar Godara Son of Dalchand arrested in connection with FIR No. 605/2022, Police Station Udyog Nagar, Sikar shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the 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 ( V. J. )),J

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LAKSHYA SHARMA /25

Sandeep Kumar Godara S/O Shri Dalchand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sandeep Kumar Godara S/O Shri Dalchand v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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