Praveen Kumar @ Praveen Godara vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1827

ANIL KUMAR UPMAN
Praveen Kumar @ Praveen Godara – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Dushyant Singh Naruka
For the Respondent: Mahendra Meena
For the Complainant : Harendra Singh Sinsinwar

ORDER :

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

2. F.I.R. No. 667/2022 was registered at Police Station Udhyog Nagar, District Sikar for offences under Sections 354(d) , 306 of IPC and under Section 11 /12 of POCSO Act. Later on, police filed charge sheet for offences under Sections 452 , 363, 342, 354(B), 354(D), 305 of IPC and Sections 7/8, 11/12 of POCSO Act and under Section 84 of JUVENILE JUSTICE ACT .

3. It is contended by counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel for the petitioner submits that petitioner and deceased were friends and they were having good relations with each other. He further submits that ingredients of Section 107 of IPC are not visible in this case and no case under Section 305 of IPC is made out. He further submits that petitioner is in custody since 8.12.2022 and charge sheet has been filed and trial will take considerable time.

4. Learned Public Prosecutor assisted by counsel for the complainant has vehemently opposed this bail application and they submit that petitioner is fully responsible for suicide of the deceased. He further submits that on earlier occ

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