In a bail application for offences under Sections 376(1) and 450 IPC, the High Court granted bail. The court noted the FIR was lodged by the victim after a delay and observed discord between the victim's family and the petitioner, suggesting the case might be false.
Bail allowed subject to personal bond of Rs. 50,000 and 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:11275]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 223/2024
Kheta Ram S/o Sona Ram, Aged About 35 Years, R/o Dipla Police Thana Sedva, District Barmer. (At Present Lodged In District Jail Barmer)
----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
06/03/2024
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 105/2023 |
| 2. | Concerned Police Station | Sedva |
| 3. | District | Barmer |
| 4. | Offences alleged in the FIR | Under Sections 450, 376(1) and 436 of the IPC |
| 5. | Offences added,if any | - |
| 6. | Date of passing of impugn order |
ed 02.01.2024 |
(2 of 3)
[2024:RJ-JD:11275]
[CRLMB-223/2024]
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)
[2024:RJ-JD:11275]
[CRLMB-223/2024]
suitable to grant the benefit of bail to the petitioner in the present matter.
(FARJAND ALI),J
67-divya/-
3 issues framed by the court
Whether bail should be granted to the accused in a case alleging rape and criminal conspiracy with delayed FIR and potential false implication.
Whether inordinate delay in lodging FIR and discord between victim's in-laws and the petitioner suggests false implication warranting bail.
Whether the evidence requires incarceration or if the case is based on conjectures and surmises.
1 provisions across 1 enactments
Kheta Ram
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
