Allowed

Laxman Lal v. State of Rajasthan

Rajasthan HC11 Mar 2024CRLMB/382/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court of Rajasthan at Jodhpur allowed bail for the petitioner despite opposition from the Public Prosecutor. The court noted discrepancies in the FIR timeline and the nature of the victim, deeming a long trial probable and granting bail subject to a personal bond.

What did the court decide?

Accused petitioner enlarged on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Laxman Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:11807]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 382/2024

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Laxman Lal S/o Bheru Lal Bheel, Aged About 27 Years, R/o Chavandia, Police Station Railmagra, Dist. Rajsamand. (Presently Lodged In Jail Since 04-12-2023)

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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)	: None Present
For Respondent(s)	: Mr. SK Bhati,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/03/2024

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The lawyers are abstaining from appearing before the Court.

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars o	f the Case
1.	FIR Number	263/2023
2.	Concerned Police Station	Railmagra
3.	District	Rajsamand
4.	Offences alleged in the FIR	Under Sections 354, 323, 376 and 511 of the IPC
5.	Offences added,if any	-
6.	Date of passing of impugn order	ed 03.01.2024

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Learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have gone through the material as made available to this Court on record, particularly, the statement of the victim who is a married lady aged about 28 years. As per her statement, the incident took place on 27.08.2023 when she was subjected to rape. As per the allegations, her husband Madan Lal reached at the spot and there had been scuffle in between the petitioner and the husband of the victim. It is revealing that a brouhaha had also erupted at the nearby area, however, no report for the alleged act was reported to the Police station promptly. Whereafter another incident took place on 04.09.2023 for which it is alleged that the victim party was beaten up by the petitioner. On that day also, presence of several persons has been shown. She alleged to have moved the report on 09.09.2023, however, no such report is there. The FIR in this matter came to be lodged on 16.09.2023. The defence available regarding embellishment, exaggeration and false implication due to animosity cannot be ruled out at this stage, however, this Court would refrain from making any comments on the niceties of the matter, yet taking into account the totality of facts and circumstances of the case, more particularly, the fact that the victim is a grown-up married lady and after investigation, charge-sheet has been filed and there is high probability that the trial may

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[2024:RJ-JD:11807]

[CRLMB-382/2024]

take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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682-divya/-

Laxman Lal v. State of Rajasthan

Case brief

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Laxman Lal v. State of Rajasthan

Case brief

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