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RAMESHWAR VYAS
Balusingh – Appellant
Versus
State Of Rajasthan – Respondent
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 m
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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