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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Kamlesh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous Bail Application No. 479 of 2023
Decided On : 23-01-2023
Bail Application - Contradictory Statements - The court allowed the bail application under Section 439 Cr.P.C, considering the contradiction in the statements of the prosecutrix and the possibility of a long trial.
Fact of the Case:
The petitioner filed a bail application against the order impugned in connection with FIR No.80/2022 for offences under Sections 363, 366, 376(2) (N) of the IPC and 3/4, 5/6 of the POCSO Act, citing contradiction in the statements of the prosecutrix.
Finding of the Court:
The court deemed it just and proper to enlarge the petitioner on bail, considering the possibility of a long trial and the contradictory statements of the prosecutrix.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: Contradictory statements of the prosecutrix and the possibility of a long trial influenced the court's decision to grant bail.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner shall be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Kuldeep Mathur, J. - The instant bail application has been filed by the petitioner - Kamlesh S/o Foru under Section 439 Cr.P.C against the order impugned dated 06.01.2023 passed by learned court below in connection with FIR No.80/2022 registered at Police Station Vijaypur, District Chittorgarh for the offences under Sections 363, 366, 376(2) (N) of the IPC and 3/4, 5/6 of the POCSO Act.
2. Learned counsel for the petitioner has drawn attention of the Court towards the contradiction in the statements of the prosecutrix recorded under Section 161 Cr.P.C. and 164 Cr.P.C. before the competent criminal court. Learned counsel for the petitioner further submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars.
3. Per contra, learned Public Prosecutor opposed the bail application.
4. Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take a long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Kamlesh S/o Foru shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.a
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
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 voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
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 granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
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.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
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