Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 937

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Pitha Ram – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4006 of 2022
Decided On : 09-05-2022

Advocates appeared:
Girdhar Singh Bhati, Advocate, Mahipal Bishnoi, Advocate

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.

Headnote:
Bail Application - Rape Allegation - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested in connection with an FIR for the offence of rape. The prosecutrix admitted to talking with the petitioner on the phone for six months and mentioned that the petitioner called her at night, took her outside the village, and committed rape. The challan of the case has already been presented, and the accused petitioner is in judicial custody.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail in connection with the rape allegation.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.

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 circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pitha Ram S/o Jama Ram, shall be released on bail in connection with FIR No.99/2021 of Police Station Bijrad, District Barmer, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

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