Allowed

Subhash Singh S/O Mal Singh v. State of Rajasthan

Rajasthan HC16 Dec 2024CRLMB/11245/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application filed by the petitioner, accused of rape and other offences under the BNS 2023, after considering arguments regarding false implication and his relationship with the victim.

What did the court decide?

The petitioner shall be released on bail upon furnishing a personal bond of Rs. 50,000 along with two sureties of Rs. 25,000 each to the satisfaction of the Trial Court.

Subhash Singh S/O Mal Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:51708]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11245/2024

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Subhash Singh S/o Mal Singh, Aged About 39 Years, R/o Tanwaro Ki Dhani Tan Loyti Police Station Bansur District Kotputali-Behror. At Present In Sub Jail, Behror.

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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. Harendra Singh Sinsinwar For Respondent(s) : Mr. M.S. Shekhawat, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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16/12/2024

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The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the petitioner, who has been arrested in connection with FIR No.278/2024 registered at Police Station Bansur, District Kotputli-Behror for the offences punishable under Sections 115(2), 126(2), 64(1), 351(3), 303(2) & 324(2) of BNS. Charge-sheet has been filed for offences punishable under Sections 115(2), 126(2), 64(1) & 351(3) of BNS.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is the brother-in-law of the victim, who is aged about 38 years. It is submitted that there is dispute between the petitioner and victim with regard to money. It is submitted that alleged incident took place on 11.07.2024 while the matter was reported to police on 17.07.2024 for which no proper explanation is

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available on record. Learned counsel contends that petitioner is in custody since 21.07.2024. Charge-sheet has been filed in this matter, trial will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that there is allegation against the petitioner of commission of rape with the victim.

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I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also considering the relation between petitioner and victim, filing of charge-sheet and period of custody, but without commenting anything on merits and 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 Subhash Singh S/o Mal Singh, 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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Office is directed to send copy of this order forthwith to the accused petitioner through concerned Jail Superintendent. Office is also directed to send copy of this order to the concerned trial court

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forthwith. After receiving copy of this order, the learned trial court shall intimate the accused petitioner regarding this bail granting order.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /74

Subhash Singh S/O Mal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Subhash Singh S/O Mal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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