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MANOJ KUMAR GARG
Pitha Ram – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 99/2021 of Police Station Bijrad, District Barmer, for the offence punishable under Sections 365, 384 & 376(2)N of IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the prosecutrix was a major girl and she admits in her statement that she was talking with the petitioner on phone from last six months. Counsel further submits that the prosecutrix also mentioned in her statement that the petitioner called her in the night about 10 p.m. and when she went in a street then the accused-petitioner took her outside the village and committed rape with her and during this period she did not raised any hue and cry and if anything happened, then it was with the consent of the prosecutrix. Challan of the case has already been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circu
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.
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 upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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 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 specific allegation of forcing the victim into prostitution influenced the court's decision in rejecting the bail application.
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.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing 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.
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