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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Gautam Saini - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 11536/2021
Decided on : 13-08-2021
Bail Application - Offences under IPC and Information Technology Act - The court allowed the bail application under Section 439 Cr.P.C. considering the nature of allegations, length of custody, material in the case diary, and absence of criminal antecedents.
Fact of the Case:
The petitioner was arrested for offences under Section(s) 366, 376-D, 384 & 506 IPC and Sections 67-A & 67-B of the Information Technology Act, 2000. The petitioner argued that the allegations against him did not constitute any offence beyond the provisions of the Act of 2000.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to enlarge the petitioner on bail considering the nature of allegations against him, his length of custody, the material contained in the case diary, and absence of criminal antecedents.
Issues: The main issue was whether the petitioner should be granted bail considering the nature of the allegations and the evidence presented.
Ratio Decidendi: The court's decision was influenced by the nature of allegations against the petitioner, his length of custody, the material contained in the case diary, and absence of criminal antecedents.
Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail under Section 439 Cr.P.C. upon furnishing a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.206/2021 registered at Police Station Mahila Thana District Alwar for the offence(s) under Section(s) 366, 376-D, 384 & 506 IPC and Sections 67-A & 67-B of the Information Technology Act, 2000 (for brevity "the Act of 2000").
2. It is contended by learned counsel for the petitioner that the prosecutrix has levelled no allegation of subjecting her to rape against him either in the FIR lodged by her or in her statements recorded under Section 161 as well as under Section 164 CrPC. He submitted that the allegation against him does not constitute any offence beyond the provisions of the Act of 2000. He submitted that the petitioner is in custody since 01.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.
3. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, the material contained in the case diary especially the contents of the FIR, statements of the prosecutrix recorded under Section 161 CrPC as well as under Section 164 CrPC and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
4. Accordingly, the bail application is allowed and it is directed that accused-petitioner Gautam Saini S/o Shri Babu Lal Saini shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
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