Back
2019 Supreme(Raj) 105
IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Mukesh - Appellant
Vs.
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous 2nd Bail No. 1264 of 2019
Decided On : 30-01-2019
For the Appellant : Mr. Aniket Sharma
For the Respondent: Ms. Meenakshi Pareek PP
The Court considered the prosecutrix's statement, the petitioner's custody duration, and the lack of allegations against the petitioner in granting bail during the trial.
Headnote:
BAIL - Section 439 Cr.P.C. - Regular bail application in case arising out of FIR No. 185/2016 registered for offences under Sections 376, 450 IPC and Sections 3 and 4 of POCSO Act
Fact of the Case:
The petitioner filed a second bail application seeking regular bail in a case involving charges under Sections 376, 450 IPC, and Sections 3 and 4 of POCSO Act. The earlier bail application had been dismissed by the Court.
Finding of the Court:
The Court found that the prosecutrix had turned hostile to the prosecution and had not supported its case. The statement of the prosecutrix revealed no allegations against the petitioner. Considering the petitioner's custody since 10.5.2016 and the completion of the prosecutrix's examination, the Court granted bail to the petitioner during the trial.
Issues: The issues involved the grant of regular bail to the petitioner in a case involving serious charges under Sections 376, 450 IPC, and Sections 3 and 4 of POCSO Act.
Ratio Decidendi: The Court's decision was influenced by the prosecutrix turning hostile to the prosecution, the absence of allegations against the petitioner in the prosecutrix's statement, and the petitioner's prolonged custody without trial progress.
Final Decision: The second bail application was allowed, and the petitioner was ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court.
Kanwaljit Singh Ahluwalia, J.
This is second bail application filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in case arising out of FIR No. 185/2016 registered at Police Station Sewar, Bharatpur for the offences under Sections 376, 450 IPC and Sections 3 and 4 of POCSO Act.
2. Earlier bail application filed by the petitioner was dismissed by this Court on 15.7.2016. The order rejecting bail application of the petitioner on 15.7.2016 reads as under:-
"Present bail application has been filed under Section 439 Cr. P. C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 185/2016, registered at Police Station Sewar, District Bharatpur, for offences under Section 376 of IPC and 3/4 of POSCO Act.
Learned counsel for the petitioner has read the statement of the prosecutrix recorded under Section 164 Cr P.C. From a perusal of a statement of the prosecutrix, even if, offence of rape is not made out yet, it is apparent that the petitioner had made an attempt to commit rape.
Taking into consideration, age of the prosecutrix the allegations surfacing during investigation, no ground is made to grant bail to the petitioner who has been arrested only on 10.05.2016.
Hence, the present bail application being devoid of merit is dismissed. "
3. Learned counsel for the petitioner has submitted that the prosecutrix (name withheld to protect her identity) has been examined by the trial court as P.W.4. Learned counsel for the petitioner has submitted that the prosecutrix has turned hostile to the prosecution and has not supported its case. The statement of the prosecutrix is annexed with the present bail application as Annexure-A/2.
4. A perusal of the statement of the prosecutrix reveals that the prosecutrix has levelled no allegation against the petitioner.
5. Taking into account that the petitioner is in custody since 10.5.2016 and the prosecutrix has already been examined, this Court is of the view that continuous detention of the petitioner as an under trial is not warranted, as the trial is likely to take some time.
6. Consequently, the present second bail application is allowed and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court.
