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PUSHPENDRA SINGH BHATI
Hukam Singh – 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.294/2021 of Police Station Raipur, District Pali for the offences punishable under Sections 450, 376, 384, 506 IPC. He has preferred this bail second application under Section 439 Cr.P.C.
3. Counsel for the petitioner submits that the first bail application was dismissed as not pressed on 22.11.2021 by this Court with liberty to file afresh after recording the statement of the prosecutrix. Learned counsel for the petitioner has shown from the cross-examination of the prosecutrix that she has absolutely denied any incident of rape having taken place with her. Therefore, it is prayed that the petitioner may be released on bail.
4. Learned Public Prosecutor opposes the second 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 second bail applicat
Granting bail based on the denial of the incident of rape by the prosecutrix and the likelihood of prolonged proceedings.
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.
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 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 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 ....
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.
Granting bail under Section 439 Cr.P.C based on specific circumstances such as delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the meri....
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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