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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Karan Singh – Appellant
Versus
State Of Rajasthan – Respondent
S. B. Criminal Miscellaneous 2nd Bail Application No. 1629 of 2022
Decided On : 02-03-2022
Bail Application - Consensual Relationship - The court allowed the bail application of the accused based on the statement of the prosecutrix suggesting a consensual relationship and the absence of the use of force, despite opposition from the Public Prosecutor.
Fact of the Case:
The petitioner filed a second bail application under Section 439 of Cr.P.C. after the rejection of the first bail application. The prosecutrix's statement was recorded, indicating a consensual relationship, and the petitioner sought bail based on this.
Finding of the Court:
The court, without commenting on the merits of the case, considered the statement of the prosecutrix and the relationship between the petitioner and the prosecutrix. Despite opposition from the Public Prosecutor, the court granted bail to the petitioner.
Issues: The main issue was whether the petitioner should be granted bail based on the statement of the prosecutrix indicating a consensual relationship, despite the charges against him.
Ratio Decidendi: The court's decision was influenced by the statement of the prosecutrix suggesting a consensual relationship, the absence of force, and the fact that the petitioner and the prosecutrix were known to each other.
Final Decision: The court allowed the second bail application and ordered the release of the accused-petitioner on bail upon furnishing the specified bonds.
JUDGMENT
Rameshwar Vyas, J. - The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 61/2021 registered at Police Station Matoda, District Jodhpur for the offences under Sections 366, 376(D) & 120-B of I.P.C.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that while rejecting the first bail application of the petitioner by this Court on 22.09.2021, the liberty was granted to the petitioner to file fresh bail application after recording the statement of the prosecutrix.
4. afterwards, the statement of the prosecutrix has been recorded before the trial court as PW-1. He further submits that the statement of the prosecutrix suggests that this is a case of consensusal relationship. The prosecutrix is a major girl aged 20 years. No force has been used against the prosecutrix. The petitioner is behind the bar since 26.05.2021. There is no other criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.
5. On the other hand, learned Public Prosecutor has opposed the bail application.
6. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly considering the statement made by the prosecutrix as also the fact that the prosecutrix and the petitioner were known to each other, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
7. Consequently, the present second bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Karan Singh @ Karni Singh S/o Hadman Singh arrested in connection with F.I.R. No. 61/2021 registered at Police Station Matoda, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court considered the statement of the prosecutrix indicating a consensual relationship and the absence of force in granting bail to the petitioner.
The court's decision to grant bail was based on the statement made by the prosecutrix, which did not level any allegation against the petitioners and raised doubts about the correctness of certain st....
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
The court's decision was influenced by the lack of evidence linking the accused-petitioners to the recovered articles and the alleged false implication in the case.
A defendant may be granted bail if the allegations do not directly implicate them in the commission of a serious crime, particularly when they are merely an accomplice to the principal accused.
The court may grant bail to an accused under Section 439 Cr.P.C. based on the circumstances and without expressing any opinion on the merits of the case.
Grant of bail based on absence of allegations of rape against the petitioner, main allegation against co-accused, and lack of criminal antecedents against the petitioner.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court established that doubts in the prosecution's case, particularly from the victim's testimony, can justify the granting of bail under Section 439 Cr.P.C.
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