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DEVENDRA KACHHAWAHA
Pappu – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.373/2021, Police Station Dhorimanna, District Barmer, registered for the offence punishable under Sections 376D & 384 of the Indian Penal Code and Section 5(g)/6 of the Protection of Children from Sexual Offence (POCSO) act and Section 67 of the Information Technology act (qua the petitioner No.2).
2. Heard and considered arguments advanced by the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the petitioners stated that as per prosecution, incident took place in the first week of October, 2021; the FIR was registered on 02.11.2021; earlier, one complaint was submitted by the prosecutrix 'G' on 05.10.2021, in that complaint (FIR), the petitioner was not named and the details like father's name and other particulars regarding petitioner did not match with the petitioners in the present case. It is further stated that on 08.12.2021, one report was su
Inordinate delay in filing the FIR, refusal of medical examination, and lengthy trial process can be considered as grounds for granting bail.
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
The court established that prolonged detention without trial, alongside the filing of a charge-sheet and the differentiation of roles in the alleged crime, can justify the granting of bail.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
Bail may be granted when there is no incriminating evidence, and the accused has been in custody for an extended period.
In rape cases, especially involving minors, the gravity of the offense and prima facie evidence can outweigh delays in filing FIRs when considering bail.
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