Title: Lovejeet Singh v. State of Rajasthan
Date of Decision: September 27, 2023
Case ID: S.B. Criminal Miscellaneous 2nd Bail Application No. 11394/2023
Presiding Judge: Hon’ble Mr. Justice Kuldeep Mathur
Intro:
In the case of Lovejeet Singh Alias Labhu, a second bail application under Section 439 Cr.P.C. was presented. Lovejeet Singh was arrested in connection with FIR No. 232/2022, registered at Police Station Kesarisinghpur, District Sri Ganganagar, Rajasthan. He was charged under Section 376D of the Indian Penal Code (IPC). This bail application sought his release from judicial custody while the trial was pending.
Facts:
Lovejeet Singh, the petitioner, was accused of committing a serious offense under Section 376D of the IPC. According to the prosecutrix’s statements recorded before the competent criminal court, she alleged that she was forcibly taken to Lovejeet Singh’s house by him and a co-accused named Binda Singh. She claimed that Lovejeet Singh sexually assaulted and raped her while Binda Singh guarded the room where the alleged offense took place.
During cross-examination, the prosecutrix admitted that her house was located just opposite Lovejeet Singh’s house. She further stated that on the day of the alleged incident, more than thirty people had gathered at her house. The petitioner’s defense argued that it was highly improbable that nobody heard her cries or shouts if the incident had occurred as described. Additionally, there was a contradiction in the prosecutrix’s statements regarding the timing of the incident.
The defense contended that strained relations between the families of the petitioner and the prosecutrix, stemming from old animosities, had led to Lovejeet Singh’s false implication in the case. Lovejeet Singh had been in judicial custody since December 13, 2022, and the defense emphasized that the trial was expected to be protracted.
Judgment:
After hearing arguments from both sides and reviewing the available evidence, the Court denied Lovejeet Singh’s bail application prima facie. The Court noted that the prosecutrix had consistently alleged sexual assault by Lovejeet Singh in her statements recorded under Section 164 CrPC and before the competent criminal court as PW-1.
Regarding the arguments raised by the petitioner’s counsel, the Court stated that contradictions and variations in the statements of the prosecutrix could not be microscopically examined at the bail stage to disbelieve her version of the events.
However, taking into consideration that the petitioner had been in incarceration since December 13, 2022, and to expedite the trial, the Court expected the competent criminal court to conclude the proceedings against Lovejeet Singh promptly and avoid unnecessary adjournments.
The bail application was denied, emphasizing the serious nature of the charges against Lovejeet Singh.
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Written by Yagya Agarwal
