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KULDEEP MATHUR
Sukhvinder Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.246/2022, registered at Police Station Rawla, District Sri Ganganagar, for offences under Sections 363, 366(K), 376(2)(n) of IPC & Sections 3(A)/4, 5(L)/6 of POCSO Act.
2. Learned counsel for the petitioner has drawn the Court’s attention towards statement of the prosecutrix recorded under Section 164 Cr.P.C. which reveals that the prosecutrix had left her parental house and was living with the accused-petitioner voluntarily. The above mentioned act happened with due consent of the prosecutrix. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
3. 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.
4. Consequently, the bail application under Section 439 C
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
The court grants bail to the accused petitioner under Section 439 Cr.P.C.
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