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KULDEEP MATHUR
Rahul – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.239/2022, registered at Police Station Kankroli, District Rajsamand for offences punishable under Sections 363, 366 IPC and 11/12 of the Protection of Children From Sexual Offences Act, 2012.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submitted that from the perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C. it is clear that no allegation of sexual assault has been levelled against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner.
4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application fil
The absence of sexual assault allegations and the anticipated lengthy trial duration influenced the court's decision to grant bail to the accused petitioner.
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
Bail can be granted when no direct allegations are made against the accused, especially in lengthy trial situations.
The court's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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