This order grants bail to the petitioner accused of rape and unlawful assembly. The court noted the victim's statement indicated consent but ruled that trial duration warrants bail, applying the principle that bail is the rule at pre-conviction stages.
Bail granted subject to a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:2279]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 192/2024
Harish S/o Amra, Aged About 25 Years, R/o Paduna Phala Bhadavat Police Thana T D District Udaipur (At Present At Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Jitendra Ojha |
|---|---|---|
| For Respondent(s) | : Mr. |
A.R. Choudhary,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/01/2024
tabulated herein below:
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 173/2023 |
| 2. | Concerned Police Station | Tidi |
| 3. | District | Udaipur |
| 4. | Offences alleged in the FIR | Sections 450 & 376 of the IPC |
| 5. | Offences added,if any | Se ction 506 of the IPC |
| 6. | Date of passing of impugned order |
19.12.2023 |
[2024:RJ-JD:2279]
[CRLMB-192/2024]
(2 of 3)
There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
(3 of 3) [CRLMB-192/2024]
[2024:RJ-JD:2279]
(FARJAND ALI),J
810-Mamta/-
2 issues framed by the court
Whether bail should be granted to the accused-petitioner charged with rape and unlawful assembly.
Whether the consent of the victim is a relevant factor in granting bail at the pre-conviction stage.
3 provisions across 2 enactments
Harish S/o Amra
State Of Rajasthan
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
