Dismissed

Kalyan Singh @ Kilan Singh S/O Udaibhan v. State of Rajasthan

Rajasthan HC6 Apr 2023CRLMB/499/2023

Case brief

AI extract

What is this about?

The court dismissed a bail application filed by a petitioner charged with sexual offences. The Single Judge held that given the gravity of the offence and the complete support of the prosecutrix for the prosecution story, it was not a fit case to enlarge the petitioner on bail.

What did the court decide?

Bail application filed by the petitioner stands dismissed.

Kalyan Singh @ Kilan Singh S/O Udaibhan Vs… — Child Sexual Offences (POCSO) | 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. 499/2023

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Kalyan Singh @ Kilan Singh S/o Udaibhan, R/o Vill. Vaidhpura, P.s. Rudawal, Dist. Bharatpur (Raj.) (At Present Confinedi N Central Jail Sewar, Bharatpur)

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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. Yogesh Singhal For Respondent(s) : Mr. Mangal Singh Saini, PP For complainant : Ms. Firoz Akhtar

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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06/04/2023

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This bail application has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No.241/2022 registered at Police Station Rudawal, District Bharatpur for the offence under Section 363 & 366 IPC (later on offence u/s 363, 366, 376 IPC and Section 3/4 of POCSO Act was found to have been made out).

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 2.6.2022. After completion of investigation, charge sheet has been filed against the petitioner. Learned counsel for the petitioner also submits that a compromise has been arrived between the parties. He also submits that father and mother of the prosecutrix have not supported the prosecution story. They

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[CRLMB-499/2023]

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(2 of 2)

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clearly stated that petitioner had not raped the prosecutrix and conclusion of trial is likely to take long time, hence the petitioner may be enlarged on bail.

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Learned counsel for the complainant as well as learned Public Prosecutor have opposed the arguments advanced by learned counsel for the petitioner and submitted that prosecutrix during trial clearly supported the prosecution story. In her statement, she clearly stated that petitioner had raped her. Prosecutrix is 16 years of age and alleged offence is non-compoundable. So, bail be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner, learned counsel for the complainant and learned Public Prosecutor.

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It is admitted position that prosecutrix during trial fully supported the prosecution story and she clearly stated that petitioner had raped her. So looking to the gravity of offence, I do not consider it a fit case to enlarge the petitioner on bail.

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Hence, the bail application filed by the petitioner stands dismissed.

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(NARENDRA SINGH DHADDHA),J

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Brijesh 19.

Kalyan Singh @ Kilan Singh S/O Udaibhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalyan Singh @ Kilan Singh S/O Udaibhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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