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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Shiv @ Shivkumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 551 of 2022
Decided On : 16-02-2022
Bail Application - Offence under Sections 363 and 366 of the Indian Penal Code - The court granted bail to the petitioner based on the statement of the victim recorded under Section 164 Cr.P.C. and the expected lengthy trial duration.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.228/2021, Police Station Kolayat, District Bikaner, for the offence punishable under Sections 363 and 366 of the Indian Penal Code.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner based on the statement of the victim recorded under Section 164 Cr.P.C. and the expected lengthy trial duration.
Issues: Bail application under Section 439 Cr.P.C. for the offence punishable under Sections 363 and 366 of the Indian Penal Code.
Ratio Decidendi: Granting bail based on the statement of the victim recorded under Section 164 Cr.P.C. and the expected lengthy trial duration.
Final Decision: The bail application filed by the petitioner was allowed, and it was ordered that the petitioner shall be released on bail upon furnishing the specified bonds.
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.228/2021, Police Station Kolayat, District Bikaner, registered for the offence punishable under Sections 363 and 366 of the Indian Penal Code.
2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that petitioner has falsely been implicated in this case; as per statement of victim girl 'a', no offence has been committed by the petitioner, she has left her home on her own will; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that victim girl has supported the story of prosecution.
5. Having regard to the facts and circumstances of the case, particularly looking to the statement of victim recorded under Section 164 Cr.P.C.; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the petitioner, Shiv @ Shivkumar S/o Imarta Ram, arrested in connection with F.I.R. No.228/2021, Police Station Kolayat, District Bikaner, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that the accused is not a flight risk and the trial is expected to be prolonged.
The court may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.
The court established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the Cr.P.C.
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
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