Allowed

Nemichand S/O Late Shri Bagaram v. State of Rajasthan

Rajasthan HC8 Jun 2023CRLMB/4108/2023

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C. concerning FIR No. 367/2022 for offences under Sections 376(2)(n), 506 and 379 IPC, the Court accepted the application based on the petitioner's age, the belated nature of the FIR, and the likely duration of the trial, allowing him to be released on bail upon execution of a personal bond and sureties.

What did the court decide?

Petitioner to be released on bail on execution of personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Nemichand S/O Late Shri Bagaram 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. 4108/2023

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Nemichand S/o Late Shri Bagaram, Aged About 63 Years, R/o Ghadel Nagar, Kolida, Police Station Dadiya District Sikar, (Presently Lodged At District Jail, Sikar)

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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) : Mr. Sudhir Jain For Respondent(s) : Mr. Sher Singh Mahla, PP

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

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08/06/2023

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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.367/2022, Police Station Dadiya, Distt. Sikar for the offences under Sections 376(2)(n), 506 & 379 IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. As per the FIR, the prosecutrix, who is about 38 years of age, has levelled allegation against the petitioner that he was committing rape upon her for last six years, in the statement of the prosecutrix recorded under Section 164 Cr.P.C. also, she has deposed that the petitioner was committing rape upon her from last six years. Thus, the FIR has been lodged belatedly and no cogent reason has been given for

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[CRLMB-4108/2023]

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(2 of 2)

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the same. Learned counsel further submits that the prosecutrix and her husband are well-known to the petitioner. Learned counsel prays that charge-sheet has been filed in the matter; age of the petitioner is 63 years; the petitioner is behind the bars since 27.01.2023; trial is likely to take long time to conclude, therefore, the petitioner should be enlarged on regular bail.

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Learned Public Prosecutor vehemently opposed this bail application.

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Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner is a 63 years old man; the prosecutrix is about 38 years of age; charge-sheet has been filed in the matter and trial is likely to take time to conclude, and without expressing any opinion on the merits/demerits of the case, this Court 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- Nemichand S/o Late Shri Bagaram, arrested in FIR No.367/2022, Police Station Dadiya, Distt. Sikar, shall be released on bail; 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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[ASHUTOSH KUMAR (V. J.)],J

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SAHIL SONI /46

Nemichand S/O Late Shri Bagaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nemichand S/O Late Shri Bagaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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