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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Someshwar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 5015 of 2022
Decided On : 26-05-2022
IPC - Sections 363, 366 & 376(3); POCSO Act - Section 3/4 The court refers to the IPC sections related to kidnapping, abduction, and rape, as well as the relevant section of the POCSO Act. The court does not provide an analysis or interpretation of these sections.
Fact of the Case:
The petitioner has been arrested in connection with an FIR for offences under IPC and POCSO Act. The petitioner seeks bail based on the statement of the prosecutrix, claiming her consent. The prosecution opposes the bail application. The court grants bail to the accused petitioner without expressing any opinion on the merits of the case.
Finding of the Court:
Ratio Decidendi:
Result: The bail application is allowed and the accused petitioner is directed to execute a personal bond and sureties for his appearance before the trial court.
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 84/2022 of Police Station Kotwali Dungarpur, District Dungarpur, for the offence punishable under Sections 363, 366 & 376(3) of IPC and Section 3/4 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that according to the statement of prosecutrix, she clearly mentioned that she went along with the petitioner with her own free will and if anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.
4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Someshwar S/o Late. Shambhu Lal, shall be released on bail in connection with FIR No.84/2022 of Police Station Kotwali Dungarpur, District Dungarpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
Bail can be granted under Section 439 Cr.P.C. when the totality of circumstances, including consent and trial duration, warrant such a decision without prejudicing the case's merits.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court grants bail to the petitioner in a case involving offences under Sections 363, 366, 376(N) IPC, Section 5(L)/6 of the POCSO act.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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