Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Gheesa Lal & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Misc. 3rd Bail Application Nos. 5709 and 5710/2022
Decided On : 20-05-2022
Bail Application - Criminal Procedure Code - The court granted bail to the accused-petitioners based on the statement made by the prosecutrix, where she did not level any allegation against the petitioners and denied the correctness of certain statements in her police statement. The court, without commenting on the merits of the case, found that the bail application deserves to be accepted.
Fact of the Case:
The bail applications were filed on behalf of the petitioners who were in custody in connection with F.I.R. No. 78/2021 for various offenses under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The prosecutrix, in her statement, did not level any allegation against the petitioners.
Finding of the Court:
The court, after considering the statements made by the prosecutrix and the contentions of the parties, found that the bail applications deserve to be accepted. The court granted bail to the accused-petitioners.
Issues: The issues involved the consideration of the bail applications under Section 439 of the Criminal Procedure Code, based on the statements made by the prosecutrix and the contentions of the parties.
Ratio Decidendi: The court's decision was influenced by the statement made by the prosecutrix, where she did not level any allegation against the petitioners and denied the correctness of certain statements in her police statement.
Final Decision: The court allowed the bail applications and ordered the release of the accused-petitioners upon furnishing a personal bond and surety bonds to the satisfaction of the trial court.
JUDGMENT
Rameshwar Vyas, J. - S.B. Criminal Misc. 3rd Bail Application No. 5709/2022
1. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh for the offences under Sections 363, 384, 376(2)(n)(i)/109/376 (D.A.), 120B, 342, 323 & 370(4) of I.P.C. and Sections 3/4, 5(G) (L)/6 & 16/17 of POCSO Act, 2012.
2. In spite of service of notice, no one has put in appearance on behalf of the respondent No. 2/complainant.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioner submits that at the time of dismissing second bail application of the petitioner as not pressed by this Court on 08.03.2022, liberty was granted to the petitioner to file fresh bail application after recording the statement of the prosecutrix. The prosecutrix has been examined before the trial court as P.W. 1 on 15.02.2022. In her statement, she has made allegation of rape against co-accused Dilkhush. In the cross-examination, she has admitted that she did not know Gheesalal. She has not made allegation of rape against the present petitioner. She also denied the correctness of statement made in Para 'E' to 'F' of her police statement (Ex. P/7). On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.
5. On the other hand, learned Public Prosecutor has opposed the bail application.
6. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly looking to the statement made by the prosecutrix regarding the present petitioner, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
7. Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Gheesa Lal S/o. Sochand arrested in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
S.B. Criminal Misc. 3rd Bail Application No. 5710/2022
8. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh for the offences under Sections 363, 384, 376(2)(n)(i)/109, 376(d)(a), 120B, 342, 323 & 370(4) of I.P.C. and Sections 3/4, 5(G)(L)/6 & 16/17 of POCSO Act, 2012.
9. In spite of service of notice, no one has put in appearance on behalf of the respondent No. 2/complainant.
10. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
11. Learned counsel for the petitioner submits that in her statement, the prosecution (P.W. 1) did not level any allegation against the petitioner, who is her mother. He further submits that the petitioner has falsely been involved in this case. The co-accused Gheesa Lal has been enlarged on bail by this Court by an order of even date. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.
12. On the other hand, learned Public Prosecutor has opposed the bail application.
13. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly looking to the statement made by the prosecutrix regarding the present petitioner, without commenting upon merits of the case, this Court is of th
The court's decision to grant bail was based on the statement made by the prosecutrix, which did not level any allegation against the petitioners and raised doubts about the correctness of certain st....
A defendant may be granted bail if the allegations do not directly implicate them in the commission of a serious crime, particularly when they are merely an accomplice to the principal accused.
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
The court considered the statement of the prosecutrix indicating a consensual relationship and the absence of force in granting bail to the petitioner.
The central legal point established in the judgment is that the court may grant bail in cases of serious offences like rape, based on the facts and circumstances presented, even without commenting on....
The principle of parity in bail applications mandates that similarly situated accused should be treated equally unless there are significant differences in their cases.
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
The court's decision was influenced by the lack of evidence linking the accused-petitioners to the recovered articles and the alleged false implication in the case.
The court established that bail can be granted when the allegations do not substantiate the charges and when the trial is expected to be lengthy, ensuring the rights of the accused are protected.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
