Allowed

Amar Singh S/O Guljari Lal v. State of Rajasthan

Rajasthan HC7 Mar 2024CRLMB/325/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court granted bail to the petitioner charged with offences under sexual IPC sections. The court accepted the argument of a delayed First Information Report and released the accused on bail while noting that trial takes time.

What did the court decide?

Petitioner released on bail liable for personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Amar Singh S/O Guljari Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:11758]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 325/2024

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Amar Singh S/o Guljari Lal, Address Village Dhavali Post Raikaranpura Police Station Paniyala District Kotputli Behror, Current Address Lomod Nagar, Sundarpura Road, Thana Kotputli District Kotputli Behror, Rajasthan. (At Present Confined In Central Jail, Jaipur (Raj.)

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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. Ram Ratan Gurjar For Respondent(s) : Mr. Atul Sharma-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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07/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.300/2023 registered at Police Station Brahmpuri, District Jaipur City (North) wherein he is charged for offences punishable under Sections 376(2)n, 376D, 504, 506, 509 of IPC.

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Learned counsel for the petitioner submits that the prosecutrix is a major lady of 34 years and for the alleged incident dated 19.02.2023, a delayed report has been lodged almost after a delay of six months, i.e., on 08.08.2023. Counsel submits that the instant case appears to be a case of consensual relationship and the petitioner is in custody since 27.12.2023 and after investigation, charge-sheet has been filed. Counsel submits that the petitioner is in custody since the date of his arrest and trial will take its own

[2024:RJ-JP:11758]

[CRLMB-325/2024]

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time to conclude, therefore indulgence of bail be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that for the alleged incident dated 19.02.2023, a delayed report has been lodged by the prosecutrix after a delay of around six months. Looking to the allegations levelled against the petitioner by the prosecutrix in her statements recorded under Section 164 CrPC and looking to the fact that the petitioner is in custody and after investigation, charge-sheet has been filed and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C. 5. Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Amar Singh S/o Guljari Lal arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma/68

Amar Singh S/O Guljari Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Amar Singh S/O Guljari Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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