Allowed

Nawal Charan S/O Karan Singh v. State of Rajasthan

Rajasthan HC7 Jul 2023CRLMB/7235/2023

Case brief

AI extract

What is this about?

High Court of Judicature for Rajasthan acquitted Nawal Charan S/o Karan Singh of all charges pending against him in a case involving offences against a minor. The court held that despite the nature of the case, the petitioner deserves to be enlarged on bail as the trial would take time and the prosecutrix and parents had turned hostile. The petitioner was granted bail on a personal bond with two s

What did the court decide?

Petitioner Nawal Charan released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Nawal Charan S/O Karan Singh 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 II Bail Application No. 7235/2023

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Nawal Charan S/o Karan Singh, Resident Of Balbatpura Police Station Manoharthana (At Present Confined In District Jail, Jhalawar (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. Rohit Khandelwal For Respondent(s) : Mr. M.K. Sheoran, PP and Mr. Shree Ram Dhakar for complainant.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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07/07/2023

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This application for second bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.206/2022, Police Station Asnawar, District Jhalawar for the offences under Section 363 of IPC & Section 84 of the Juvenile Justice Act and later on for the offences under Sections 363, 366, 344, 368, 376(3), 376(2)(N) & 376(D) of IPC; Sections 5G/6, 16/17, 19/21 of POCSO Act; Section 84 of the Juvenile Justice Act and Section (3(2)(v) of the SC/ST Act.

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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 submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel submitted that the petitioner was arrested on

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[CRLMB-7235/2023]

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(2 of 3)

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28.11.2022 and since then he is behind the bars and trial is going on against the petitioner in Court of Special Judge, Protection of Children from Sexual Offences Act, No.2, Jhalawar in Sessions Cases No.6/2023. Learned counsel further submitted that other co-accused have already been enlarged on bail by a Co-ordinate Bench of this Court and also by this Court. Learned counsel also submitted that the prosecutrix of this case and her parents have been examined as PW-1, PW-2 and PW-3 respectively and they have turned hostile and they have not deposed anything against the petitioner. Learned counsel prayed that looking to the statements of the prosecutrix and her parents no case is made out against the petitioner and, therefore, he should be enlarged on bail.

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On the other hand, learned Public Prosecutor as well as learned counsel for the complainant have opposed the second bail application and argued that this is a case where minor girl has been rapped.

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Having regard to the facts and circumstances of the case and considering the fact that prosecutrix has been examined during trial and she has deposed that present petitioner has not committed any rape with her and like-wise mother and father of the prosecutrix have been examined as PW-2 and PW-3, and they have also turned hostile and they have not deposed anything against the petitioner and also looking to the fact that the petitioner is behind the bars since long and conclusion of the trial will take time but, without expressing any opinion on the

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[CRLMB-7235/2023]

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(3 of 3)

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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 Nawal Charan S/o Karan Singh , arrested in FIR No.206/2022, Police Station Asnawar, District Jhalawar 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),J

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MADAN/S-15

Nawal Charan S/O Karan Singh v. State of Rajasthan

Case brief

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Nawal Charan S/O Karan Singh v. State of Rajasthan

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