KANHAIYA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for accused petitioners, learned Public Prosecutor for the State, perused the case diary and other material produced during the course of arguments.

(2.) It is contended on behalf of the accused petitioners that they have falsely been implicated in this matter, they are respected citizens and came in community 'Panchayat' at the request of both the parties and tried to make amicable settlement in between the parties and they never pressurised the complainant to pay Rs. 85,000.00 to Kishori Lal Meena but when this fact came before the 'Panchayat' that complainant Prahlad Meena took Rs. 85,000.00 from the house of co-accused Kishore Lal Meena and also committed rape on Pana Bai, daughter of Kishore who was a minor girl of 13 years then both the parties settled their dispute amicably and father of Prahlad returned Rs. 85,000.00 to Kishore Lal Meena. It is also submitted that neither the accused persons were the beneficiaries nor interested party. It is also submitted that FIR against Prahlad Meena was also lodged for the offence under section 306 I.RC. for having committed rape on Pana Bai and he is still in judicial custody. It is also submitted that the accused petitioners never abated Prahlad for attempt to commit suicide. It is also submitted that in the eyes of law no offence can be said to have been committed for abatement of abatement for committing suicide. Reliance has been placed on the judgment Sanju alias Sanjay Singh Sengar Vs. State of M.P., reported in (2002) 5 Supreme Court Cases 371 , Netai Dutta Vs. State of W.B., reported in (2005) 2 Supreme Court Cases 659 and Satvir Singh and others Vs. State of Punjab and another, reported in (2001) 8 Supreme Court Cases 633 . It is also submitted that Kishori Lal Meena was arrested and released on bail.

(3.) Learned Public Prosecutor opposed the bail application and contended that the accused petitioners compelled to pay Rs. 85,000.00 by using force on Prahlad and his father.