Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 921

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Vishnu – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4166 of 2022
Decided On : 10-05-2022

Advocates appeared:
Deepak Menaria, Advocate, O.P. Godara, Advocate, Kamla Goswami, Advocate

The central legal point established in the judgment is that the court may grant bail in cases of serious offences like rape, based on the facts and circumstances presented, even without commenting on the merits of the case.

Headnote:
Bail - Rape - Consent - Indian Penal Code
Fact of the Case:

The petitioner was arrested for the offence of rape under Sections 450, 376(2)(n), and 384 of the Indian Penal Code. The petitioner sought bail, arguing that the prosecutrix was a major lady who had admitted to having a relationship with the petitioner and that any interaction between them was consensual.
Finding of the Court:

The Court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The main issue was whether the petitioner should be granted bail despite being charged with the serious offence of rape.
Ratio Decidendi: The Court's decision was influenced by the petitioner's argument that the interaction with the prosecutrix was consensual and that no investigation was pending against the petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.

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 commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Vishnu S/o Devi Lal shall be enlarged on bail in F.I.R. No.03/2022, Police Station Khamnaur, District Rajsamand provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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