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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Gaurav – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 405 of 2023
Decided On : 11-01-2023
Bail - False Allegations - The court granted bail to the accused petitioner under Section 439 Cr.P.C. after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences punishable under Sections 420 and 376 IPC based on a false FIR filed by the complainant, alleging demands for money and unwillingness to marry.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Allegations of false FIR, demands for money, and unwillingness to marry.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and sureties.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR/CR No.916/2022 of Police Station Pratap Nagar, District Udaipur for the offences punishable under Sections 420 and 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIR are absolutely false. It is also submitted that as a matter of fact, the marriage of the petitioner and the complainant was scheduled to be held on 04.12.2022, however, just two days prior to that, the complainant has filed this false FIR alleging that the petitioner and his family are demanding money. Learned counsel for the petitioner has further submitted that no such money has ever been demanded by the petitioner and his family members whereas on the other hand, the petitioner and his family have spent lacks of rupees on preparation of the marriage. It is further submitted that the complainant was not willing to marry with the petitioner, therefore, she has filed this false FIR.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Gaurav S/o Shri Prakash shall be released on bail in connection with FIR/CR No.916/2022 of Police Station Pratap Nagar, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
Bail may be granted where charges do not warrant death or life imprisonment, especially when familial opposition is a factor.
The court established that prior statements of the complainant indicating consent can significantly influence bail decisions in cases of alleged sexual assault.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
The presumption of innocence and the requirement of substantial evidence are critical in bail proceedings, particularly in cases involving serious allegations under the IPC and SC/ST Act.
The main legal point established is that the court may grant pre-arrest bail under Section 438 Cr.P.C. based on a consideration of the entirety of facts and circumstances, including the credibility o....
The court established that the marital status of the complainant and the consensual nature of the relationship were critical in granting anticipatory bail.
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