Allowed

Sachin Kumar Sahu S/O Malakchand Saho v. State of Rajasthan

Rajasthan HC25 Aug 2023CRLMB/6320/2023

Case brief

AI extract

What is this about?

... This court allowed the bail application under Section 439 CrPC. The court found the incident resulted from a consensual relationship and voluntary marriage. Bail was granted on bond conditioned upon registration of the marriage within one month.

What did the court decide?

Petitioner released on bail after furnishing bond of Rs. 50,000 with two sureties, on condition of registering the marriage within one month.

Sachin Kumar Sahu S/O Malakchand Saho Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JP:19341]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6320/2023

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Sachin Kumar Sahu S/o Malakchand Saho, Aged 22 Years, R/o Gudachandar Ji, Tehsil Nadauti, District Karoli Rajasthan (At Present Accused Petitioner Confined In Central Jail Jaipur)

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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. Mohd. Umar Farooq For Respondent(s) : Mr. Prashant Sharma, PP Mr. Vinod Kumar Vaishnaw

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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25/08/2023

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This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. in connection with FIR No. 272/2023 registered with Police Station Kho-Nagoriyan, Jaipur for offences under Sections 384, 376, 312 and 120-B of IPC.

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The informant aged about 20 years came in contact with the petitioner, intimacy developed and thereafter allegation is of forceful physical relations. After the incident the petitioner promised to marry the informant in August 2022. The petitioner married the complainant in a temple and promised to get the marriage registered within two or three days, however marriage could not be registered, thereafter victim was pregnant from the petitioner and pregnancy was terminated.

(2 of 2)

[2023:RJ-JP:19341]

[CRLMB-6320/2023]

From the averment of the FIR, it is evident that matter is of consensual relationship and voluntary marriage.

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Learned counsel for the petitioner submits that complainant is his duly married wife and the petitioner is ready to get the marriage registered, if the complainant supports registration of the marriage.

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Learned counsel for the complainant submits that complainant is also ready for registration of the marriage.

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Considering the facts aforesaid, instant bail application stands allowed.

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Let the petitioner be released on bail after furnishing bail bond of Rs. 50,000/- with two sureties of like amount with condition that the petitioner would get the marriage registered, if marriage would not be registered within a month due to latches on part of the petitioner, that would be a ground for cancellation of bail and complainant would be at liberty to move to this court for cancellation of bail.

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(BIRENDRA KUMAR),J

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ashu /12

Sachin Kumar Sahu S/O Malakchand Saho v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sachin Kumar Sahu S/O Malakchand Saho v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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