HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sher Singh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 2778 of 2022
Decided On : 22-03-2022
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused-petitioner based on the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 363, 366, 376(2)(n), 376(3) IPC and Sections 3/4, 5(L)/6 POCSO act. The prosecutrix admitted to roaming with the petitioner and solemnizing marriage with him, and stated that she got pregnant with his consent.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The bail application under Section 439 Cr.P.C. filed by the accused-petitioner.
Ratio Decidendi: The court granted bail to the accused-petitioner based on the facts and circumstances of the case, without commenting on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner shall be enlarged on bail upon furnishing a personal bond and sureties.
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 circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sher Singh S/o Raghuvar Dayal Jat shall be enlarged on bail in F.I.R. No.51/2021, Police Station Bhadesar, District Chittorgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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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