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PUSHPENDRA SINGH BHATI
Padam Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr Pushpendra Singh Bhati, J. - This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.295/2021 of Police Station Dechu, District Jodhpur for the offences punishable under Sections 363, 366-a, 376-D, 342, 506 of IPC and Section 5(G)/6 of POCSO act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has pointed out the conclusion in the charge-sheet arrived at by the investigating officer, in which, the main allegation is upon Prithviraj Singh, who alleged to have committed rape. Learned counsel further submits that the allegation upon Padam Singh and one Manohar Singh is that Padam Singh dropped the petitioner and the prosecutrix in his car to Jodhpur and went back and Manohar Singh helped them for booking a room.
4. Learned Public Prosecutor 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 u
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 and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Granting bail based on the denial of the incident of rape by the prosecutrix and the likelihood of prolonged proceedings.
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.
The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
The court may consider the material on record, absence of specific allegations, and compromise between the parties in deciding bail applications.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
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