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PUSHPENDRA SINGH BHATI
Mahendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.78/2022 of Police Station Diver, District Rajsamand for the offences punishable under Sections 323 & 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner submits that the age of the prosecutrix is above 16 years and the age of the petitioner is 21 years.
Learned Public Prosecutor opposes the bail application.
4. On overall perusal of the statement rendered by PW-1, the prosecutrix, and also keeping into consideration that the prosecutrix is above 16 years of age and age of the petitioner is 21 years, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.
5. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, this
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the duration of custody and the nature of the allegations, warrant such a decisi....
Granting bail under Section 439 Cr.P.C based on specific circumstances such as delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the meri....
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 established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
The court established that prolonged custody without trial and the filing of a charge-sheet can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The court considered the age of the petitioner and the circumstances of the case in granting bail.
The court may grant bail considering the facts and circumstances of the case, without commenting on the merits of the case.
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