IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Chunni Lal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 604 of 2023
Decided On : 24-01-2023
Bail - Offences under Section 376 IPC - The court granted bail to the accused petitioner based on the circumstances of the case and without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.681/2022, registered for offences under Section 376 IPC. The petitioner claimed that false allegations had been levelled against him by the prosecutrix.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused petitioner based on the facts and circumstances of the case.
Issues: Bail application under Section 439 Cr.P.C. for offences under Section 376 IPC.
Ratio Decidendi: The court considered the circumstances of the case and the length of time the trial would take to conclude in granting bail to the accused petitioner.
Final Decision: The bail application filed by the petitioner was allowed, and the accused petitioner was ordered to be enlarged on bail upon furnishing the specified personal bond and sureties.
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.681/2022, registered at Police Station Sukher, District Udaipur for offences punishable under Section 376 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 petitioner and complainant solemnized marriage as per Hindu rites and rituals on 08.10.2022 however, later on, the prosecutrix was forcibly taken away by her family members on 04.11.2022. Learned counsel further submitted that false allegations have been levelled against the petitioner by the prosecutrix. 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 filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Chunni Lal S/o Dalla Gameti arrested in connection with FIR No.681/2022, registered at Police Station Sukher, District Udaipur shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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, till completion of the trial.
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 court has the discretion to grant bail under Section 439 Cr.P.C. based on the circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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