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MANOJ KUMAR GARG
Vishnu – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.03/2022, Police Station Khamnaur, District Rajsamand for the offence punishable under Sections 450, 376(2)(n) and 384 of the Indian Penal Code.
2. Learned counsel for the petitioner submits that prosecutrix is a major lady and she has admitted that she is talking with the petitioner from last one year; the petitioner used to visit the house of the prosecutrix and during this period, petitioner committed rape with her; if anything has happened with the prosecutrix, that happened with her consent; challan of the case has already been presented; no investigation is pending against the petitioner; the petitioner is in the judicial custody since 06.01.2022; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without comm
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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 Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
The court has the discretion to grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the....
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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