Allowed

Golu Bagri S/O Premchand Mogya v. the State of Rajasthan

Rajasthan HC4 Sept 2023CRLMB/2540/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed under Section 439 CrPC for a petitioner arrested in connection with offences including Section 363 IPC and Section 376(2)(n) IPC. The court considered the petitioner's relationship with the deceased prosecutrix and the custody period before granting bail.

What did the court decide?

Petitioner released on bail by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the Trial Court.

Golu Bagri S/O Premchand Mogya Vs the State… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 2540/2023

¶3

Golu Bagri S/o Premchand Mogya, Aged About 20 Years, R/o Rajgarh, Thana Sangod, District Kota Rural (Raj.) (At Present Confined At District Jail Baran)

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Petitioner(s) : Dr. Mahesh Sharma For Respondent(s) : Mr. Ghanshyam Singh Rathore, GA-cum-AAG, through VC Mr. Sher Singh, PP

¶9

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶10

Order

¶11

04/09/2023

¶12

The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.161/2022 registered at Police Station Sadar, District Baran for the offence under Section 363 of IPC. Later on, the police filed the chargesheet in this matter for the offences under Sections 363, 305, 376(2)(n), 376 of IPC and Section 5L/6 of POCSO Act.

¶13

It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He further submits that prosecutrix and petitioner were in a relationship and later they entered into marriage, for which, an marriage agreement was also executed between them on 24.05.2022. The family members of the prosecutrix were not

¶14

(2 of 3) [CRLMB-2540/2023]

¶15

happy with their marriage and they were giving threats to them, so an application was filed by the prosecutrix on 25.05.2022 before the Superintendent of Police, Baran. Learned counsel submits that when petitioner was not at home, prosecutrix consumed poison and she was immediately admitted to the hospital and on 26.08.2022, the prosecutrix, who is wife of the petitioner, passed away. He submits that no case is made out against the petitioner. The petitioner is in custody since 22.11.2022 and chargesheet has been filed in this case and trial of the case will take considerable time.

¶16

Learned Public Prosecutor has opposed the bail application.

¶17

I have considered the contentions.

¶18

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the facts that prosecutrix was wife of the petitioner and they were living together; police failed to record the statement of the prosecutrix, when she was hospitalised and looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

¶19

This bail application is accordingly allowed and it is directed that accused-petitioner - Golu Bagri S/o Premchand Mogya shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any

¶20

[CRLMB-2540/2023]

¶21

(3 of 3)

¶22

court to which the matter is transferred, on all subsequent dates

¶23

of hearing and as and when called upon to do so.

¶24

(ANIL KUMAR UPMAN),J

¶25

31-Nirmala

Golu Bagri S/O Premchand Mogya v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Golu Bagri S/O Premchand Mogya v. the 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

Govind Singh Son of Chandra Singh Vs State of Rajasthan

Govind Soni Son of Shri Mansukh Soni, Vs State of Rajasthan

Jayesh Bhai S/O Shri Tribhuvan Das B/C Ganatara Thakkar Vs State of Rajasthan

Rameshwar S/O Sunki Vs State of Rajasthan

Malua S/O Sh. Hori Lal Vs State of Rajasthan

Rajurai Son of Nityanand Rai Vs State of Rajasthan