Allowed

Alok Sen @ Sagar S/O Ramprasad v. State of Rajasthan

Rajasthan HC13 Sept 2023CRLMB/706/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. The petitioner was arrested for alleged rape under IPC 376(2)(n) and POCSO offences. The court noted lack of medical corroboration and delayed reporting, allowing bail with a personal bond and sureties without commenting on merits.

What did the court decide?

Bail allowed with personal bond of Rs.50,000/ and two sureties of Rs.25,000/ each.

Alok Sen @ Sagar S/O Ramprasad Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023:RJ-JP:22398]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 706/2023

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Alok Sen @ Sagar S/o Ramprasad, Resident Of Dwarka Colony, Ramganjmandi Police Station Ramganjmandi District Kota (Raj.) ( At Present Confined In Central Jail Kota (Raj.)

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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. Pawan Kumar Verma For Respondent(s) : Mr. M.K. Shehorana, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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13/09/2023

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.522/2022 registered at Police Station Ramganj Mandi, District Kota Rural for the offences under Section 376(2)(n) of IPC and Section 5L/6 of POCSO Act.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He further submits that absolutely false case has been registered against the petitioner. There is no medical corroboration of the allegations levelled by the prosecutrix, as no sign of sexual assault was found on the person of the prosecutrix and hymen was found intact. The prosecutrix has been examined during the course of trial. The medical experts have also been examined at trial. The prosecutrix was aged about 17 years at the time of offence. It has

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also been submitted that matter has been reported to the police after a delay of five days, for which no proper explanation has been given. The petitioner is in custody since 12.12.2022 and chargesheet has been filed in this case and trial of the case will take considerable time.

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Learned Public Prosecutor opposes the bail application and submits that there is specific allegation against the petitioner of committing rape upon prosecutrix.

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Despite service, no one has put in appearance on behalf of the complainant.

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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 counsel for the petitioner, especially the facts that there is no medical corroboration of the allegation levelled by the prosecutrix, chargesheet has been filed in this case and looking to the custody period of the petitioner, 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 - Alok Sen @ Sagar S/o Ramprasad shall be 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

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court to which the matter is transferred, on all subsequent dates

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of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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39-Nirmala

Alok Sen @ Sagar S/O Ramprasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Alok Sen @ Sagar S/O Ramprasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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