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MANOJ KUMAR GARG
Santoshnath – 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.40/2022 of Police Station Surpalia, for the offence punishable under Sections 354A, 323 of IPC and Section 11/12 of POCSO Act.
2. Learned counsel for the petitioner submits that a false allegation has been levelled against the present petitioner and challan of the case has been presented. 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 and learned counsel for the complainant have opposed the prayer for bail.
4. I have considered the arguments advanced before me and carefully gone through the record.
5. The victim was merely 17 years of age at the time of incident and according to the statement of victim recorded under Section 164 Cr.P.C., specific allegation has been levelled against the present petitioner, who is a father of victim, therefore, this Court is not inclined to grant benefit of bail to the petitioner.
6. In the above circumstances, the bail application filed by
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 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.
The court may grant bail considering the facts and circumstances of the case, without commenting on the merits of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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