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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Balusingh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 691 of 2022
Decided On : 25-02-2022
Bail Application - Abetment of Offence - The court granted bail to the petitioner under Section 439 Cr.P.C. as there was no allegation of rape against the petitioner and the main allegation was against the co-accused. The petitioner was accused of abetting the main offence, and there were no criminal antecedents against the petitioner.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for grant of regular bail in connection with FIR No. 226/2021 for offences under IPC and Protection of Children from Sexual Offences act, 2012. The main allegation was against the co-accused, and the petitioner was accused of abetting the main offence.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused-petitioner under Section 439 Cr.P.C. as there was no allegation of rape against the petitioner and the main allegation was against the co-accused. The petitioner was accused of abetting the main offence, and there were no criminal antecedents against the petitioner.
Issues: The main issue was whether the petitioner should be granted bail in connection with the offences under IPC and Protection of Children from Sexual Offences act, 2012, considering the absence of allegations of rape against the petitioner and the main allegation being against the co-accused.
Ratio Decidendi: The court granted bail to the petitioner based on the absence of allegations of rape against the petitioner, the main allegation being against the co-accused, and the lack of criminal antecedents against the petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the petitioner was ordered to be released on bail upon executing a personal bond and providing sureties to the satisfaction of the trial court.
JUDGMENT
Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 226/2021 registered at Police Station Kelwara, District Rajsamand for offences punishable under Sections 363, 366-a of Indian Penal Code and Section 16/17 of Protection of Children from Sexual Offences act, 2012.
2. None appeared on behalf of the complainant despite service of notice.
3. Heard learned counsel for the parties and perused the material available on record.
4. Learned counsel for the petitioner submits that there is no allegation of rape levelled against the petitioner. Main allegation is against the co-accused Kalu Singh. Only evidence against the petitioner is that he facilitated main accused to take the prosecutrix from the spot. There is no criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays to allow the bail application.
5. Learned Public Prosecutor has opposed the bail application.
6. From the perusal of the record, it reveals that the allegation of rape has not been levelled against the petitioner. Present petitioner is accused of abetment the main offence. There is no criminal antecedents against the petitioner.
7. Having regard to the submissions made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.
8. accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Balusingh S/o amarsingh, who is in custody in connection with FIR No. 226/2021 registered at Police Station Kelwara, Rajsamand, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.
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 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 court's decision to grant bail in a rape case was based on the facts and circumstances of the case, without commenting on the merits of the case.
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 allowed bail based on insufficient evidence for continued detention, emphasizing presumptive innocence.
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.
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 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 absence of sexual assault allegations and the anticipated lengthy trial duration influenced the court's decision to grant bail to the accused petitioner.
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