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DEVENDRA KACHHAWAHA
Neeraj – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are 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 petitioners as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that allegation of rape has not been levelled against the petitioners; petitioners are 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 report, prosecutrix is pregnant having a foetus of Vijay @ Pappu; petitioners Neeraj and Pintu are behind the bars since 06.02.2022 and 05.02.2022 respectively; as per para 10 of the rejection order, no other case is registered against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be g
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 upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
Bail can be granted where accused is young and trial will take time to conclude.
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 granted bail to young accused-petitioners after prolonged custody, emphasizing the need for a fair trial without prejudicing the case's merits.
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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