Back
KULDEEP MATHUR
Dhiraj – 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.920/2022, registered at Police Station Pratapnagar, District Udaipur for offences punishable under Sections 376, 354, 458 and 323 IPC.
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 the prosecutrix has admitted that she had consensual relation with the petitioner since last more than three years. Learned counsel further submitted that the relations turned strained, the prosecutrix lodged the present FIR against the petitioner on the ground of sexual relations established on false pretext of marriage. Learned counsel further submitted that the challan has already been filed. 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 submissi
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 has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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 granted bail based on the prosecutrix's initial consent to live with the petitioner, emphasizing the lack of specific allegations regarding theft.
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 the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
