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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anoop Kumar Dhand, J.
Aarti & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1861, 3264 of 2022
Decided On : 15-02-2022
Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C. in connection with FIR No.490/2021 of Police Station Udhyog Nagar, District alwar, considering the fact that both the victim and her father turned hostile and did not support the case of prosecution.
Fact of the Case:
The accused petitioners filed bail applications under Section 439 Cr.P.C. in connection with FIR No.490/2021 for offenses under Sections 323, 376 (d) (b) IPC and Section 5 (g)/6 of POCSO act. The victim and her father turned hostile and did not support the case of prosecution.
Finding of the Court:
The court, without expressing any opinion on the merits or demerits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances.
Issues: Bail applications under Section 439 Cr.P.C. for offenses under Sections 323, 376 (d) (b) IPC and Section 5 (g)/6 of POCSO act. Victim and her father turned hostile and did not support the case of prosecution.
Ratio Decidendi: Granting bail to the accused petitioners under Section 439 Cr.P.C. due to the victim and her father turning hostile and not supporting the case of prosecution.
Final Decision: Both the bail applications filed by the accused-petitioners under Section 439 Cr.P.C. are allowed, and it is directed that the accused petitioners shall be released on bail in connection with FIR No.490/2021 of Police Station Udhyog Nagar, District alwar.
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 bail applications, filed by the accused-petitioners under Section 439 Cr.P.C. are allowed and it is directed that petitioners Smt. aarti W/o Raghuveer and Rajveer @ Raju S/o Ramcharan shall be released on bail in connection with FIR No.490/2021 of Police Station Udhyog Nagar, District alwar provided each of them execute personal bonds in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
7. Registry is directed to place a copy of this order in the connected file.
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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