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KULDEEP MATHUR
Lala @ Lalchand Rawat – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Kuldeep Mathur, J. - The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 5.12.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Chittorgarh (Raj.) in Cr.Misc. Case No.203/2023, (CIS No.678/2023), whereby the second bail application filed by the appellant, who has been arrested in connection with FIR No.46/2023 registered at Police Station Dungla, District Chittorgarh, for offences under Sections 376 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that as per prosecution on 21.03.2023 the prosecutrix was subjected to sexual assault-rape by the present petitioner in a vehicle (Maruti Van) when she was returning back to her village Sureda at about 08:00 PM after having admitted her grandson in a hospital.
3. Learned counsel submitted that the petitioner has been falsely roped in a criminal case
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
The court emphasized that insufficient evidence against the appellant warranted bail, reinforcing the principle of personal liberty during trial.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
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