Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2531

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Kapil – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous IInd Bail Application No. 4591 of 2022
Decided On : 08-04-2022

Advocates appeared:
Shambhoo Singh Rathore, Advocate, Anita Gehlot, Advocate

The court may grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, including the turning hostile of the prosecutrix and the absence of connecting evidence against the petitioner.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. after the prosecutrix turned hostile and no other connecting evidence was found against the petitioner.
Fact of the Case:

The petitioner was arrested for offences under Sections 376 & 384 of I.P.C. and Section 67 of I.T. act. The first bail application was dismissed with liberty to file a fresh bail application after recording the statement of the prosecutrix. The prosecutrix has now turned hostile and no other connecting evidence has been found against the petitioner.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances, and the fact that the prosecutrix has turned hostile.
Issues: The main issue was whether bail should be granted to the accused petitioner in light of the prosecutrix turning hostile and no other connecting evidence being found against the petitioner.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the fact that the prosecutrix turned hostile and no other connecting evidence was found against the petitioner.
Final Decision: The second bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with F.I.R. No.440/2021, Police Station Sukher (Udaipur), for the offences punishable under Sections 376 & 384 of I.P.C. and Section 67 of I.T. act. He has preferred this second bail application under Section 439 Cr.P.C.

2. The first bail application was dismissed by this Court vide order dated 08.12.2021 as not pressed with liberty to file a fresh bail application after recording the statement of the prosecutrix.

3. Learned counsel for the petitioner submits that now the prosecutrix has been examined in the trial court as P.W.-1 and she has turned hostile. Counsel further submits that no other connecting evidence has been found 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.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and gone through the material available on record, without expressing any opinion on the merits of the case, so also the fact that the prosecutrix has turned hostile, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kapil S/o Shri Kamala Shankar shall be released on bail in connection with F.I.R. No.440/2021, Police Station Sukher (Udaipur) provided he executes a personal bond in a sum of Rs.1,00,000/- and 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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