High Court at Jodhpur allowed bail to appellant charged under Sections 363 and 366 IPC. Court held that prima facie affidavit and FIR do not disclose abduction as girl allegedly left with applicant of her own free will without force or allurement.
Released on 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:5236]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 450/2024
Rakesh @ Ramesh S/o Hukma Ram, Aged About 23 Years, R/o Berwala, Ps - Gharsana, Dist. Anuppgarh. (At Present Lodged In Dist. Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahendra Soni For Respondent(s) : Mohd. Javed Gauri, PP
JUSTICE DINESH MEHTA
Order
01/02/2024
[2024:RJ-JD:5236]
[CRLMB-450/2024]
(2 of 3)
and, therefore, even if she had gone with the present applicant on her own will and volition, the applicant is presumed to be guilty of the offence of abduction punishable under Section 363 of the IPC.
(3 of 3) [CRLMB-450/2024]
[2024:RJ-JD:5236]
independent view of the matter, based on ocular and oral
evidence, while finally deciding the case.
(DINESH MEHTA), J.
42-Arun/-
2 issues framed by the court
Whether the applicant is entitled to bail given that the victim allegedly eloped with him without force or allurement despite being a minor.
Whether the ingredients of offence under Section 363 IPC are made out in the absence of force, allurement, or enticement.
2 provisions across 2 enactments
Rakesh @ Ramesh S/o Hukma Ram
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
