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MANOJ KUMAR GARG
Ramesh – Appellant
Versus
State – Respondent
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 FIR No.259/2021 Police Station Osiyan, District Jodhpur for the offence punishable under Sections 363, 366(a), 342, 376(D) IPC and Sections 3 R/w 4 and 11 R/w 12 of POCSO act.
2. Learned counsel for the petitioner submits that according to the FIR as well as statements recorded under Sections 161 & 164 Cr.P.C. and subsequent statement recorded under Section 161 Cr.P.C, allegations for committing rape has not been levelled against the petitioner and for the first time in the Court, when she examined as PW1, she named the petitioner and allegations for committing rape has been levelled against the petitioner, therefore, there are contradictions in the statement of prosecutrix. In these circumstances, the bail may be granted to the petitioner.
3. Learned Public Prosecutor vehemently opposed the bail application filed by the petitioner.
4. Heard learned counsel for the petitioner as well as learned Public Prosecutor.
5. I have considered the arguments advanced before me and gone through the material available on record.
6. The prosecturix i
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....
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 the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
The specific allegation of forcing the victim into prostitution influenced the court's decision in rejecting the bail application.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the delay in FIR lodging, inconsistencies in the victim's statement, and identification issues in rejecting the bail application.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
Consistency and credibility of allegations, lack of parity with co-accused, and potential threat of witness influence or evidence tampering are crucial factors in bail decisions in cases involving se....
Bail cannot be granted in cases involving serious allegations against parents without the child victim being examined and considering the potential for witness tampering.
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