Dismissed

Gajraj Singh S/O Shambhu Singh v. the State of Rajasthan

Rajasthan HC14 Feb 2024CRLMB/803/2024

Case brief

AI extract

What is this about?

In this second bail application under Section 439 Cr.P.C., the High Court rejected the plea for release on bail in a rape case. The court noted the gravity of the offence and the manner of its occurrence, finding the application not entitled to acceptance at this stage.

What did the court decide?

Petitioner's bail application dismissed; liberty to file fresh application after recording of prosecutrix's testimony.

Gajraj Singh S/O Shambhu Singh Vs the State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 803/2024

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Gajraj Singh S/o Shambhu Singh, R/o Village Maanpura, Police Station Masuda (Raj.). (At Present In Central Jail, Ajmer).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. Sanjeev Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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14/02/2024

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Petitioner has filed this second bail application under Section 439 of Cr.P.C.

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F.I.R. No. 357/2023 was registered at Police Station Masuda, District Beawar for the offences under Sections 342, 376 & 506 of IPC. Later on, police filed charge-sheet in this matter for the offences under Sections 376, 384 & 376D of IPC.

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The first bail application was dismissed as withdrawn with liberty to file fresh bail application after filing result of the investigation. Now, charge-sheet has been filed in the matter. Thus, this second bail application has been preferred.

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Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that there is delay of six day in lodging the FIR. He submits that initially families were ready to solemnize marriage of the petitioner with the prosecutrix but for some reason marriage could not be

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[CRLMB-803/2024]

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(2 of 2)

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solemnized. Counsel further submits that relationship between the petitioner and prosecutrix was consensual in nature. Petitioner is in custody since his date of arrest. Charge-sheet has been filed in this matter and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application. He submits that there is specific allegation against the petitioner of commission of rape upon the prosecutrix. He submits that it is also clear from the statement of the prosecutrix recorded under section 164 Cr.P.C that she was not ready to marry the petitioner as he is an alcoholic.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the gravity of the offence and so also the manner in which the incident took place, I am not inclined to accept this bail application at this stage.

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However, petitioner is at liberty to file fresh bail application after recording testimony of the prosecutrix. Trial Court is directed to record the testimony of the prosecutrix on priority basis.

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Accordingly, this second bail application is dismissed.

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(ANIL KUMAR UPMAN),J

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ANAND TANWAR /39

Gajraj Singh S/O Shambhu Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gajraj Singh S/O Shambhu Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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