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PUSHPENDRA SINGH BHATI
Bholu – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.
2. The petitioner has been arrested in FIR No.122/2021 of Police Station Paroli, District Bhilwara for the offences punishable under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.
3. Counsel for the petitioner has shown the statement of prosecutrix (PW-2) in which she has deposed that she traveled with the present petitioner at many public places through public transport and she was already married. There is no medical evidence of any violence. Therefore, it is prayed that the petitioner may be released on bail.
4. Learned additional advocate General opposes the bail application.
5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner
Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
The court may grant bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
The court grants bail to the accused petitioner under Section 439 Cr.P.C.
Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
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