Rajasthan High Court - Jaipur
Harchand Singh Urf Chandu vs State Of Rajasthan Through Pp on 12 May, 2017
Author: Sabina
Bench: Sabina
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 5147 / 2017
Harchand Singh @ Chandu S/o Jangeer Singh B/c Rai Sikh, R/o
Raisikh Bas Mubarikpur, Police Station Nauganv, District Alwar,
Raj. (At Present Confined in District Jail, Alwar).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Aladeen Khan-P.P. _____________________________________________________ HON'BLE MRS. JUSTICE SABINA Order 12/05/2017 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 197/2016 registered at Police Station Barodamev, Distt. Alwar, for offences under Sections 376, 365 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the prosecutrix is doing labour work. Petitioner takes the labour for work on contract basis to Punjab. Petitioner has been falsely involved in this case. Complainant party is habitual of lodging false FIR's against the petitioner. Prosecutrix has lodged another FIR against the petitioner on 13.01.2017 levelling allegation that petitioner had raped her on 02.10.2014. In the said case statement of the prosecutrix was recorded under Section 164 Code of Criminal Procedure, 1973 on 08.02.2017, wherein she has stated that she did not know the contents of the complainant and (2 of 2) [CRLMB-5147/2017] it was false. Petitioner has been falsely involved in this case due to money dispute between the parties. Prosecutrix is a married lady aged about thirty years. On an earlier occasion petitioner was given beatings by the prosecutrix and her husband. Complaint under Section 107/166 Code of Criminal Procedure, 1973 was filed by the petitioner. Prosecutrix and her husband were asked to maintain peace for six months. Petitioner is in custody since 20.12.2016. Challan has already been presented in the Court and conclusion of trial may take time.
Learned State Counsel has opposed the petition and has submitted that as per the prosecution story, petitioner had raped the prosecutrix and took her with him on the pretext that her mother was not feeling well.
Keeping in view the submissions made by learned counsel for the petitioner and without expressing any opinion on merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J. Sudha/15