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MANOJ KUMAR GARG
Sher Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.51/2021, Police Station Bhadesar, District Chittorgarh, for the offences punishable under Sections 363, 366, 376(2)(n), 376(3) IPC and Sections 3/4, 5(L)/6 POCSO act.
2. Learned counsel for the petitioner submits that according to the statement of the prosecutrix under Section 161 & 164 Cr.P.C., she herself admitted that she roamed with the petitioner at many places and also solemnized marriage with the petitioner. Prosecutrix further submitted that she got pregnant out of her wedlock with the petitioner. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circums
The court grants bail to the petitioner in a case involving offences under Sections 363, 366, 376(N) IPC, Section 5(L)/6 of the POCSO act.
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.
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 court has the discretion to grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the....
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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