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DEVENDRA KACHHAWAHA
Bhagawati Lal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who is in judicial custody in connection with F.I.R. No.61/2022, Police Station Reserve Centre Hiranmagri, District Udaipur, registered for the offence punishable under Sections 376, 370-a and 120-B of 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 allegation of rape has not been levelled against the petitioner; petitioner is not named in the FIR; prosecutrix 'P' has left her home on her own will; prosecutrix is a 30 years old mature lady; as per rejection order itself, at the time of medical, prosecutrix is pregnant having a foetus of Vijay @ Pappu; petitioner is behind the bars since 05.02.2022 respectively; as per para 10 of the rejection order, no other case is registered 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 Pub
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.
The court established that prolonged detention without trial, alongside the filing of a charge-sheet and the differentiation of roles in the alleged crime, can justify the granting of bail.
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 upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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 age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
Bail can be granted where accused is young and trial will take time to conclude.
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
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