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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Jayesh – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 7145 of 2022
Decided On : 01-06-2022
POCSO Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C, considering the delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under Section 376(2) and Section 3/4 of POCSO act. The bail application was filed citing delay in lodging the FIR and the age of the prosecutrix being above 16 years.
Finding of the Court:
The court granted bail to the accused petitioner under Section 439 Cr.P.C, without expressing any opinion on the merits of the case, considering the delay in lodging the FIR and the age of the prosecutrix being above 16 years.
Issues: Delay in lodging the FIR and the age of the prosecutrix being above 16 years.
Ratio Decidendi: Granting bail under Section 439 Cr.P.C based on the delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C was allowed, and the accused petitioner was directed to be released on bail in connection with the case.
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.57/2022 of Police Station aaspur, District Dungarpur 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.
8. Learned Public Prosecutor shall be free to move an appropriate application for recovery of any kind of compensation which would have been granted to the rape victim.
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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