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2023 Supreme(Raj) 1035
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Pradeep Kumar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13334 of 2023
Decided On : 09-01-2023
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.323, S.34, S.354, S.354(gha), S.366(a), S.376(2)(n), S.384
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.5(l), S.6
Headnote
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested in connection with various offences under IPC and POCSO Act. The incident as alleged in the FIR started about three years ago and then got slightly aggravated 6 to 7 months prior to the bail application.
Finding of the Court:
The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings.
Issues: Bail application under Section 439 Cr.P.C. in connection with serious offences under IPC and POCSO Act.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.
Manoj Chotia, Advocate, Vikram Sharma, Advocate
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. 195/2022 of Police Station, Nohar, District Hanumangarh for the offences punishable under Sections 376(2)(N), 354, 354(GHA), 323, 366-A, 384, 34 IPC and Section 5-L/6 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
3. The incident as alleged in FIR started about three year’s ago and then 6 to 7 months got slightly aggravated. Thereafter, the statement under Section 164 Cr. P.C., also re-affirm the same. They new each other for the last three years.
4. Learned PP opposed the application.
5. 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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Pradeep Kumar S/o Nandlal shall be released on bail in connection with FIR No. 195/2022 of Police Station, Nohar, District Hanumangarh 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.
