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ANOOP KUMAR DHAND
Aarti – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
anoop Kumar Dhand, J. - Since both the bail applications filed by the accused petitioners under Section 439 Cr.P.C., arise out of same FIR, hence, same are being decided by this common order.
2. Both the bail applications under Section 439 Cr.P.C. have been preferred on behalf of petitioners, who have been arrested in FIR No.490/2021 of Police Station Udhyog Nagar, District alwar for the offences punishable under Sections 323, 376 (d) (b) IPC and Section 5 (g)/6 of POCSO act.
3. Learned counsel for the petitioners submits that during the course of trial, statements of the victim and her father were recorded. Both the witnesses have turned hostile as they have not supported the case of prosecution.
4. Learned Public Prosecutor as well as learned counsel for the complainant have admitted the above factum that both prosecutrix and her father have turned hostile and they have not supported the case of prosecution.
5. Looking to the totality of the facts and circumstances of the case and also without expressing any opinion on merits or demerits of the case, this Court is of the opinion to grant indulgence of bail under Section 439 Cr.P.C. to both petitioners.
6. accordingly, both the
Grant of bail based on the turning of victim and her father hostile, and the totality of the facts and circumstances, without expressing 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, even if the victim and her father turn hostile and do not support the case of prosecution.
The court established that bail can be granted under Section 439 Cr.P.C. when the majority of charges are bailable and the case is at a stage where a charge-sheet has been submitted.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court established that the absence of supportive evidence from prosecution witnesses and the petitioners' clean criminal record are significant factors in granting bail under Section 439 Cr.P.C.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.
The court's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances of the case.
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