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PUSHPENDRA SINGH BHATI
Sanwar Lal – 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.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.
The court considered the age of the prosecutrix and the petitioner, and the likelihood of prolonged proceedings, in granting bail to the accused petitioner under Section 439 Cr.P.C.
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.
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....
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.
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 established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the duration of custody and the nature of the allegations, warrant such a decisi....
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
The court grants bail to the accused petitioner under Section 439 Cr.P.C.
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