Allowed

Rajendra Prasad @ Raju Banjara S/O Shri Ramkalayn v. the State of Rajasthan

Rajasthan HC12 Jan 2023CRLMB/363/2023

Case brief

AI extract

What is this about?

The High Court, Jaipur Bench allowed bail for the accused in an IPC Section 376 case. The court accepted arguments regarding witness hostility and trial delay, deeming it just to release the petitioner on a personal bond with sureties.

What did the court decide?

Accused-petitioner enlarged on bail by furnishing a personal bond of Rs.50,000/- with two sureties.

Rajendra Prasad @ Raju Banjara S/O Shri Ramkalayn Vs the… — 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 2^nd Bail Application No. 363/2023

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Rajendra Prasad @ Raju Banjara S/o Shri Ramkalayn, Aged About 50 Years, R/o Hariji Ka Nimoda, P.s Digod, Kota Rural At Present Sabji Mandi Fourline Ke Pass, Dhanlaxmi Kirana Store Roajdi, P.s. R.k. Puram Kota (Accused At Present Confined In Central Jail Kota)

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----Petitioner

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Versus

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The State Of Rajasthan, Through The PP

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----Respondent

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For Petitioner(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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12/01/2023

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The 2^nd bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Rajendra Prasad @ Raju Banjara S/o Shri Ramkalayn against the impugned order dated 30.06.2022 passed by learned Court below for the offence under Section 376 IPC in FIR No.222/2022 registered at Police Station R.K. Puram, District Kota City (Rajasthan).

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Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accusedpetitioner has nothing to do with the alleged offences. The star witness PW-1, ‘L’, who is the victim of the case, has not levelled any allegation against the petitioner rather turned hostile. Learned counsel for the petitioner submits that now no other evidence has

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(2 of 2) [CRLMB-363/2023]

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been projected by the prosecution which would sufficient enough to bring home the guilt of the accused and thus, keeping him behind the bars would not be justifiable. Trial is likely to take long time to conclude.

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Per contra, learned Public Prosecutor has opposed the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Rajendra Prasad @ Raju Banjara S/o Shri Ramkalayn, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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SAHIL SONI /24

Rajendra Prasad @ Raju Banjara S/O Shri Ramkalayn v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Prasad @ Raju Banjara S/O Shri Ramkalayn v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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