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PUSHPENDRA SINGH BHATI
Jayesh – Appellant
Versus
State – 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.57/2022 of Police Station aaspur, District Dungarpur for the offences punishable under Section 376(2) and Section 3/4 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.
3. Counsel for the petitioner submits that there is a delay in lodging the FIR and the age of the prosecutrix is above 16 years. Therefore, it is prayed that the petitioner may be released on bail.
4. Counsel for the complainant does not oppose the bail application.
5. However, learned additional advocate General has opposed the bail application.
6. 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.
7. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jayesh S/o Narayan Meena shall be released on bail in connection with FIR No.57/
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 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 decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
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.
Grant of bail - Sexual offences - Accused is more than 62 years of age who has been in custody for more than 140 days during the investigation of the case - Entitled for bail.
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 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 considered the inordinate delay in filing the FIR, lack of corroboration of rape allegations with medical evidence, and the likelihood of a lengthy trial in granting bail to the accused.
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