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Supreme Court cancels bail granted by Rajasthan High Court over not checking facts

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The Supreme Court on Tuesday rejected bail to an accused granted by the Rajasthan High Court. The Court observed that the fact finding in the case was not up to the mark.

The bench of Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli dismissed bail granted to a man accused of raping his niece, concluding the High Court didn’t check that the accused has 20 pending cases against him and is a habitual offender.

The counsel for the petitioner contended that he had been falsely implicated and the petitioner has been behind bars since May 30, 2021. He further submitted that the trial would take a long time to conclude and thus his plea should be considered.

The High Court of Rajasthan had allowed the bail application and allowed the petitioner to be enlarged on bail subject to furnishing a personal bond of Rs 50,000 with two sureties of Rs 25,000 for his appearance before the court on all dates of hearing.

The counsel for the complainant opposed the bail submitting the petitioner is a habitual offender and he has been booked under PASA.

The accused has been charged for the offenses under Sections 354,354B,354D, 376(2)(f),376(2)(N),450,506,509 IPC and Sections 9N/10,5L/6,5(N)/6 and 18 of POCSO Act vide FIR No. 319/2021 at Udhyog Nagar, Sikar P.S.

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