Dismissed

Bachchu Singh S/O Ramjilal v. State of Rajasthan

Rajasthan HC5 Mar 2024CRLMB/609/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a bail application filed by Bachchu Singh charged with rape under Section 376 IPC. The court refused bail despite the claim of a civil dispute and lack of medical evidence, citing specific allegations in police statements.

What did the court decide?

Bail application dismissed; liberty to renew prayer after recording prosecutrix statement.

Bachchu Singh S/O Ramjilal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:11308]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 609/2024

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Bachchu Singh S/o Ramjilal, Aged About 56 Years, R/o Ward No. 38, Gopal Bagichi, Baswa Road Bandikui, Police Station Bandikui, District Dausa. (Presently Accused Confined In District Jail Dausa).

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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. Vipul Jaiman For Respondent(s) : Mr. Prashant Sharma-PP For Complainant(s) Mr. Mohar Pal Meena

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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05/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.548/2023 registered at Police Station Bandhikui (Dausa), District Dausa wherein he is charged for the offence punishable under Section 376 IPC.

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Learned counsel for the petitioner submits that owing to the civil dispute between the parties with regard to the property of the deceased, the instant false case has been lodged by the prosecutrix against the petitioner. Counsel submits that allegation of rape is not corroborated by the medical evidence and after investigation, chargesheet has been submitted. Counsel submits that the petitioner is in

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[2024:RJ-JP:11308]

[CRLMB-609/2024]

judicial custody since the date of his arrest, therefore, indulgence of bail be granted to the petitioner.

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Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the bail application and submitted that petitioner is the Jeth of the prosecutrix and as per the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., specific allegation of rape has been levelled against him. Counsel submits that under these circumstances, the petitioner is not entitled to get indulgence of bail.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Looking to the allegations levelled against the petitioner by the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner.

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Hence, the present bail application stands dismissed.

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However, the petitioner would be at liberty to renew his prayer of bail after recording the statement of the prosecutrix.

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8 The trial Court is directed to record the statement of the prosecutrix on priority basis.

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(ANOOP KUMAR DHAND),J

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Ashu/68

Bachchu Singh S/O Ramjilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bachchu Singh S/O Ramjilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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