Allowed

Dinesh Kumar S/O Ramswaroop v. State of Rajasthan

Rajasthan HC5 Sept 2023CRLMB/8798/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed by an accused under Section 439 CrPC. The court noted a discrepancy between the initial FIR and the prosecutrix's later statements regarding rape allegations. Deeming it just and proper based on these facts, the bail was granted.

What did the court decide?

Released on personal bond of Rs.50,000/- with two sureties in Rs.25,000/- each.

Dinesh Kumar S/O Ramswaroop Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JP:21195]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8798/2023

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Dinesh Kumar S/o Ramswaroop, Aged About 24 Years, R/o Sinota P.S. Khatoli District Kota Raj. (At Present Confined At Central Jail Kota)

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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. Abdul Kalam Khan with
	Ms. Simran Bharti
For Respondent(s)	: Mr. S.S. Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/09/2023

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Petitioner has filed this bail application under Section 439 of Cr.P.C.

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F.I.R. No.172/2023 was registered at Police Station Khatoli, District Kota (Rural) for offences under Sections 456 & 354 of IPC. During the course of investigation, offence under Section 376 of IPC has also been added.

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It is submitted by counsel for the petitioner that petitioner has falsely been implicated in this case. It is further submitted that FIR was lodged in this matter on the basis of written report submitted by prosecutrix herself wherein no allegation of rape was levelled by her but later on, she changed her version and raised allegation of rape in her statement recorded under Section 164 Cr.P.C. It is further submitted that prosecutrix was examined under Section 161 Cr.P.C. wherein she has not levelled any

[2023:RJ-JP:21195]

[CRLMB-8798/2023]

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allegation of rape against the petitioner. It is further submitted that the petitioner has no criminal antecedents and he is in custody. Trial is likely to consume time. Further custody of the petitioner is not warranted for any fruitful purpose.

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Learned Public Prosecutor has opposed the bail application and submits that there is allegation of rape against the petitioner in the statement of prosecutrix recorded under Section 164 Cr.P.C.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and the fact that there is no allegation of rape in the written report submitted by prosecutrix as also in her statement recorded under Section 161 Cr.P.C., but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

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This bail application is accordingly allowed and it is directed that accused petitioner- Dinesh Kumar S/o Ramswaroop, 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 court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /57

Dinesh Kumar S/O Ramswaroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh Kumar S/O Ramswaroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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