Sanwar Lal vs State Of Rajasthan - 2022 Supreme(Raj) 1230

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1230

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Sanwar Lal – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 7142 of 2022
Decided On : 01-06-2022

Advocates appeared:
TRS Sodha, Advocate, Anil Joshi, Advocate

Headnote:
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering 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.
Fact of the Case:

The petitioner was arrested for offences under Sections 344, 363, 376(3), 376(2)(n) IPC and Section 5(L)/6 of POCSO act. The petitioner, aged 23, filed a bail application stating that the prosecutrix, about 16 years of age, had mentioned in her statement that she was kept like a wife by the petitioner for three months.
Finding of the Court:

The Court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings.
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 and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.38/2022 of Police Station Bagore, District Bhilwara for the offences punishable under Sections 344, 363, 376(3), 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 submits that the prosecutrix is about 16 years of age and the petitioner is 23 years of age and in the statement recorded under Section 161 Cr.P.C., apart from the other allegation, the prosecutrix has stated that she was kept like a wife by the petitioner for three months. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned additional advocate General has opposed 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 Sanwar Lal S/o Udai Ram shall be released on bail in connection with FIR No.38/2022 of Police Station Bagore, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.

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