Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Madan Lal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5525 of 2022
Decided On : 18-05-2022
Bail Application - Offence under Sections 363 and 366-a of IPC - The court granted bail to the accused petitioner based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for the offence punishable under Sections 363 and 366-a of IPC. The petitioner filed a bail application stating that the prosecutrix mentioned she went with him willingly and did not accuse him of rape.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner based on the totality of the facts and circumstances of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 39/2022 of Police Station Chhapar, District Churu, for the offence punishable under Sections 363 and 366-a of IPC. 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 recorded under Section 164 Cr.P.C., she clearly mentioned that she went along with the accused-petitioner with her own free will and resided with the petitioner for about one month and she also stated in her statement that the petitioner did not commit rape with her. 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 has 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 Madan Lal S/o Shri Durga Ram, shall be released on bail in connection with FIR No.39/2022 of Police Station Chhapar, District Churu, 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.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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 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.
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.
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 court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
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
