In a bail application under Section 439 Cr.P.C. for IPC offences of rape and abduction, Justice Soni dismissed the petition, finding enormous prima facie material and grave nature of accusation warranting refusal of bail before victim’s statement is recorded.
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[2024:RJ-JD:34107]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6889/2024
Mohan Singh @ Mukesh S/o Narayan Singh Rajput, Aged About 38 Years, R/o Chamatikheda, Police Station Kotwali Chittorgarh, District Chittorgarh. (At Present Lodged In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kan Singh Oad For Respondent(s) : Mr. Shrawan Singh, PP
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
20/08/2024
[2024:RJ-JD:34107]
[CRLMB-6889/2024]
(2 of 3)
Concluding submissions, he asserted that petitioner is entitled to be enlarged on bail.
[2024:RJ-JD:34107]
[CRLMB-6889/2024]
(3 of 3)
(RAJENDRA PRAKASH SONI),J
16-suraj/-
2 issues framed by the court
Whether the petitioner is entitled to be released on bail prior to recording of statement of victim in case of grave sexual offences.
Whether prima facie material and gravity of offence vitiate the court’s discretion to grant bail.
2 provisions across 2 enactments
Mohan Singh @ Mukesh
State Of Rajasthan
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
