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MANOJ KUMAR GARG
Kuldeep Prajapat – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The petitioner has been arrested in connection with FIR No. 43/2022 of Police Station Pratap Nagar, District Bhilwara, for the offences punishable under Sections 376, 363 & 366 of IPC and Sections 3, 4, 11, 12 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the prosecutrix went along with the petitioner and resided with the petitioner and if anything happened, it was with the consent of the prosecutrix. He further submits that challan of the case has already been presented and no investigation is pending against the petitioner. 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 and counsel for the complainant have vehemently opposed the bail application.
4. 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.
5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that
The court grants bail to the accused petitioner under Section 439 Cr.P.C.
Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
The court may grant bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
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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