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ANOOP KUMAR DHAND
Ganesh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
anoop Kumar Dhand, J. - The instant application under Section 439 Cr.P.C. preferred on behalf of petitioner, who has been arrested in FIR No.267/2021 of Police Station Rupangarh, District ajmer for the offences punishable under Sections 376, 376 (2) (n), 384 and 323 of IPC.
2. Learned counsel for the petitioner submits that the instant FIR is counter blast to the FIR lodged by the father of the petitioner. Learned counsel for the petitioner further submits that the age of the prosecutrix is 26 years and as per the statement recorded under Section 164 Cr.P.C., the prosecutrix has alleged that the incident of rape was committed with her by the petitioner on several occasions and even 2-3 months before lodging of the FIR. Learned counsel further submits that there is inordinate delay of more than 3 months in lodging the FIR for which no reasonable explanation has been given. Learned counsel further submits that the allegations of rape are not corroborated with the medical evidence and petitioner is in custody since 05.12.2021 and after investigation, charge-sheet has already been submitted. So, indulgence of bail be granted to petitioner.
3. Per contra, learned Public Prosecutor
The court considered the inordinate delay in filing the FIR, lack of corroboration of rape allegations with medical evidence, and the likelihood of a lengthy trial in granting bail to the accused.
Bail can be granted when no direct allegations are made against the accused, especially in lengthy trial situations.
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Granting bail under Section 439 Cr.P.C based on specific circumstances such as delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the meri....
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
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