Allowed

Naresh S/O Shri Suresh v. State of Rajasthan

Rajasthan HC1 Dec 2023CRLMB/3546/2023

Case brief

AI extract

What is this about?

The High Court allowed bail application filed by the petitioner accused in offences under Sections 363, 366, and 376-D/376(2)(n) of IPC. The court observed charges were framed, witnesses absent, petitioner had no antecedents, and custody was long, granting bail without commenting on merits.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Naresh S/O Shri Suresh Vs State of Rajasthan — Anticipatory Bail | 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. 3546/2023

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Naresh S/o Shri Suresh, Aged About 34 Years, R/o Rathormohalla, Roopwas, Ps. Roopwas, Dist. Bharatpur (Raj.) (Presently At District Jail, Dholpur)

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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. Aditya Mishra Mr. Rajendra Prasad Jogi For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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01/12/2023

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The instant bail application has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.489/2022 registered at Police Station Basedi, District Dholpur for the offences under Sections 363, 366 and 376-D of IPC. Later on, police filed chargesheet in the matter for the offences under Sections 366 and 376(2)(n) of IPC.

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It is contended by learned counsels for the petitioner that the accused-petitioner has falsely been implicated in this case. They submit that charge-sheet was filed on 17.11.2022. Counsels further submit that charges were framed against the petitioner on 12.05.2023 and prosecutrix was deposed on her testimony. They further submit that more than 6 months have passed since the charges were framed. They submit that prosecution witnesses are not turning up before trial court despite the fact that complainant

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[CRLMB-3546/2023]

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(2 of 3)

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is being represented through counsel in trial court. Counsels submit that prosecutrix is aged about 26 years and she remained in company of the petitioner for sufficient time. During this period no complaint was raised by the prosecutrix against the petitioner. The petitioner is in custody since 18.10.2022. Charge-sheet has been filed and trial will take considerable time. There are no criminal antecedents of the petitioner. They also contend that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application. He submits that victim/complainant of this case has duly been informed about hearing of this bail application. However, despite information, no one has put in appearance on behalf of the victim/complainant to oppose the bail application.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsels for the petitioner, especially the fact that petitioner is in custody since 18.10.2022. Charges have already been framed; prosecution witnesses are not turning up before trial court despite the fact that complainant is being represented through counsel in trial court; charge-sheet has been filed; absence of criminal antecedents as well as looking to the custody period but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Naresh S/o Shri Suresh shall be

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[CRLMB-3546/2023]

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(3 of 3)

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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 court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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DEEPA RANI -1

Naresh S/O Shri Suresh v. State of Rajasthan

Case brief

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Naresh S/O Shri Suresh v. State of Rajasthan

Case brief

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