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MANOJ KUMAR GARG
Govind – 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.101/2022 of Police Station Salumber, District Udaipur for the offence punishable under Sections 363, 366-A, 376(3), 376(2)(N) of IPC R/w Section 5/6 of POCSO Act.
2. Learned counsel for the petitioner submits that FIR in this case has been lodged after a delay of one month and the said delay has not at all been explained by the complainant. Counsel further submits that victim specifically stated that one Ranjeet committed rape with her, whereas the name of the present petitioner is Govind and no identification parade was done by the Police in this case. Furthermore, in the school certificate as well as admission form of the victim, there are variations in the age of victim. Counsel further stated that victim has been examined before the Court as PW-1 and there are material contradictions, improvements and omissions in her statement. 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 P
The court considered the delay in FIR lodging, inconsistencies in the victim's statement, and identification issues in rejecting the bail application.
The specific allegation of forcing the victim into prostitution influenced the court's decision in rejecting the bail application.
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.
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 to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Consistency and credibility of allegations, lack of parity with co-accused, and potential threat of witness influence or evidence tampering are crucial factors in bail decisions in cases involving se....
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
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