Allowed

Rakesh Kumar S/O Late Shri Tarachand v. State of Rajasthan

Rajasthan HC9 Feb 2024CRLMB/397/2024

Case brief

AI extract

What is this about?

The High Court allowed the accused-petitioner to be enlarged on bail under Section 439 Cr.P.C. in a case regarding offences under Sections 376, 376-D and 120-B IPC, citing significant delay in FIR registration and potential frivolous prosecution.

What did the court decide?

The accused-petitioner is enlarged on bail by furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Rakesh Kumar S/O Late Shri Tarachand Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

¶1

[2024:RJ-JP:6809]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 397/2024

¶4

Rakesh Kumar S/o Late Shri Tarachand, Residence House No. 148, Mohan Nagar, Purani Basti Police Station Nahargarh Road, Jaipur North, Presently Residing House No. C-43, Krishna Vihar, Sirsi Road, Harijan Basti, Panchyawala, Police Station Karni Vihar, Jaipur West (At Present Accused Petitioner Confined In Central Jail, Jaipur).

¶5

----Accused-Petitioner

¶6

Versus

¶7

State of Rajasthan, through PP

¶8

	----Respondent
For Petitioner(s)	: Mr. Mohd. Umar Farooq
For Respondent(s)	: Mr. N.S. Gurjar, PP

¶9

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

¶10

09/02/2024

¶11

The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.466/2023 registered at Police Station Shastri Nagar, District Jaipur City (North) for the offence(s) under Sections 376(2)(N), 376-D and 120-B of I.P.C.

¶12

Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated under Sections 376(2)(N), 376-D and 120-B of I.P.C. He also submits that F.I.R. is delayed by almost two years.

¶13

Learned counsel for the accused-petitioner further submits that the alleged incident is narrated to be occurred on 24.10.2021. He also submits that accused-petitioner Rakesh Kumar was having

[2024:RJ-JP:6809]

[CRLMB-397/2024]

(2 of 3)

friendly relationship with the prosecutrix and was also having business transactions.

¶18

Learned counsel for the accused-petitioner further submits that accused-petitioner and prosecutrix were running beauty parlour in partnership and on various occasions, accusedpetitioner lended amount to the prosecutrix for her personal necessities. He also submits that complaint under Section 138 N.I. Act has been instituted in the Court of Special Court, Jaipur Metropolitan, Court No.10, Jaipur Metropolitan-II against the prosecutrix.

¶19

Learned counsel for the accused-petitioner further submits that the cheque dated 28.09.2023 and 26.09.2023 were given to the accused-petitioner Rakesh Kumar and Bobby Biwal and both the cheques were dishonoured. To evade proceedings of N.I. Act, a false report has been lodged by the prosecutrix. The accusedpetitioner is in custody since 15.12.2023, so also, investigation/trial of the case may take considerable time, therefore, the benefit of grant of bail may be granted to the accused-petitioner.

¶20

Per contra, learned Public Prosecutor opposes the grant of bail application.

¶21

Perused the case diary and statement of prosecutrix recorded under Section 164 of Cr.P.C.

¶22

Admittedly, the alleged commission of rape occurred in the year 2021. The F.I.R. of the said incident was lodged on 25.10.2023. It is not desirable to comment upon the merits of the case.

[2024:RJ-JP:6809]

[CRLMB-397/2024]

(3 of 3)

Considering the arguments advanced by the counsel for the parties and the fact that F.I.R. is delayed by almost two years and accused-petitioner is in custody since 15.12.2023, so also, investigation/trial of the case may take considerable time and looking to the overall facts and circumstances of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

¶27

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rakesh Kumar S/o Late Shri Tarachand in connection with FIR No.466/2023 registered at Police Station Shastri Nagar, District Jaipur City (North) 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.

¶28

(PRAVEER BHATNAGAR),J

¶29

83-SURAJ KUMAR

Rakesh Kumar S/O Late Shri Tarachand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh Kumar S/O Late Shri Tarachand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asloop S/O Rehmat Vs State of Rajasthan

Laxman Kumawat S/O Chhitarmal Vs State of Rajasthan

Gunesh Meena S/O Hetram Meena Vs State of Rajasthan

Sahdev Gurjar S/O Sundaram Vs State of Rajasthan

Krishan Kumar Dhenwal S/O Ghasee Ram Vs State of Rajasthan

Bharat Singh S/O Meetha Lal Vs State of Rajasthan