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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Jeeta Ram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6637 of 2022
Decided On : 23-05-2022
Bail - Offence under Sections 376 and 376(2)(N) of the Indian Penal Code - The court deemed it just and proper to release the petitioner on bail.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for an offence punishable under Sections 376 and 376(2)(N) of the Indian Penal Code.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: The main issue was whether the petitioner should be granted bail despite the serious nature of the offence.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.23/2022, Police Station Surpaliya, District Nagaur for the offence punishable under Sections 376 and 376(2)(N) of the Indian Penal Code.
2. Learned counsel for the petitioner submits that the prosecutrix roamed along with the petitioner at so many places and during this period, prosecutrix did not raise any hue & cry; prosecutrix is a major lady and if anything has happened with the prosecutrix, that happened with her consent; challan of the case has already been presented; the petitioner is in the judicial custody; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Jeeta Ram S/o Sri Sona Ram, shall be enlarged on bail in F.I.R. No.23/2022, Police Statio Surpaliya, District Nagaur provided he furnishes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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The court established that specific allegations and the credibility of the prosecutrix's statements are critical factors in determining bail applications in serious offences such as those under the P....
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.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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