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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Urmila – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15975 of 2022, S.B. Criminal Appeal (SB) No. 1978 of 2022
Decided On : 06-01-2023
Bail Application - Prosecutrix Statement - The court dismissed the bail application and the appeal, granting liberty to file fresh applications after recording the statement of the prosecutrix.
Fact of the Case:
The petitioner and the appellant sought liberty to file fresh applications after recording the statement of the prosecutrix.
Finding of the Court:
The court dismissed the bail application and the appeal, directing the trial court to record the statement of the prosecutrix as early as possible.
Issues: Bail application and appeal not pressed, liberty sought to file fresh applications after recording the statement of the prosecutrix.
Ratio Decidendi: The court emphasized the importance of recording the statement of the prosecutrix before considering the bail application and appeal.
Final Decision: The bail application and the appeal were dismissed, with liberty granted to file fresh applications after recording the statement of the prosecutrix.
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.
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