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MANOJ KUMAR GARG
Lakhan Singh @ Lakhan Banna – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.266/2021 of Police Station Kudi Bhagtasani, Jodhpur for the offence punishable under Sections 376, 376(2)(n), 406, 323, 341, 384 of IPC and Sections 3/4, 5/6 of POCSO Act.
2. Learned counsel for the petitioner submits that victim has been examined before the trial Court as PW-1 and according to her statement, no allegation of committing rape has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the prayer for bail.
4. I have considered the arguments advanced before me and carefully gone through the record.
5. According to the statement of victim(PW-1), specific allegation has been levelled by the victim against the present petitioner that he took money from the people and used to force her for prostitution, therefore, this Court is not inclined to grant benefit of bail to the petitioner.
6. In the above circumstances,
The specific allegation of forcing the victim into prostitution influenced the court's decision in rejecting the bail application.
The court established that bail can be granted when the allegations do not substantiate the charges and when the trial is expected to be lengthy, ensuring the rights of the accused are protected.
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
Granting 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 to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The specific allegation by the victim and the relationship of the petitioner to the victim were crucial in the court's decision to reject the bail application.
The court considered the delay in FIR lodging, inconsistencies in the victim's statement, and identification issues in rejecting the bail application.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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