Abid vs State Of Rajasthan - 2022 Supreme(Raj) 1297

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1297

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Abid – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6802 of 2022
Decided On : 30-05-2022

Advocates appeared:
Mahaveer Singh, Advocate, MA Siddiqui, Advocate, Ram Chandra Siwar, Advocate

Headnote:
Bail Application - Relationship between Accused and Prosecutrix - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 450, 376(2)(N) IPC & Section 5/6 of POCSO act. The prosecutrix, a 12th class student, stated that she would not have reported the incident if her brother had not seen her with the accused.
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 and the likely duration of the proceedings.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Grant of bail based on the relationship between the accused and the prosecutrix, and the likelihood of prolonged proceedings.
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 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.188/2020 of Police Station Kuchera, District Nagaur for the offences punishable under Sections 450, 376(2)(N) IPC & Section 5/6 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner has shown this Court the statement of PW-1 i.e. prosecutrix herself, who is 12th class student, in which she has categorically stated that in case her brother would not have seen her with the present accused, she would not have told the family members about the incident and nor she would have lodged any kind of report. Counsel for the petitioner submits that there was a relationship between the prosecutrix and the present accused petitioner. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned additional advocate General and counsel for the complainant have 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 abid S/o Mustaque shall be released on bail in connection with FIR No.188/2020 of Police Station Kuchera, District Nagaur 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.

Click Here to Read the rest of this document