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MANOJ KUMAR GARG
Urmila – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Bail Application No. 15975/2022
2. Learned counsel for the petitioner does not want to press the present bail application but seeks liberty for the petitioner to file a fresh bail application after recording the statement of prosecutrix.
3. Accordingly, the present bail application stands dismissed as not pressed with liberty aforesaid.
4. The trial Court is directed to record the statement of prosecutrix as early as possible.
Criminal Appeal (Sb) No. 1978/2022
5. Learned counsel for the appellant does not want to press the present appeal but seeks liberty for the appellant to file a fresh appeal after recording the statement of prosecutrix.
6. Accordingly, the present appeal stands dismissed as not pressed with liberty aforesaid.
7. The trial Court is directed to record the statement of prosecutrix as early as possible.
Recording the statement of the prosecutrix is crucial in considering bail applications and appeals.
The court has the discretion to dismiss a bail application if not pressed at a certain stage, while granting liberty to file a fresh bail application after certain developments in the case.
The presumption of innocence is in favor of the accused till he is held guilty, and the evidence brought on record after the commencement of trial should be considered in bail applications.
The court established that specific allegations and the credibility of the prosecutrix's statements are critical factors in determining bail applications in serious offences such as those under the P....
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
Bail application dismissed on petitioner's withdrawal request.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
Rape case - Rejection of second bail application - Liberty granted earlier to file for bail after examination of prosecutrix - Prosecutrix married to another man and is not traceable - Bail cannot be....
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