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MANOJ KUMAR GARG
Devaram – 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 F.I.R. No.62/2019, Police Station Kalandari, District Sirohi for the offences punishable under Section 376 of Indian Penal Code and Section 3/4 of the POCSO Act, 2012 and Sections 67 & 67(A) of the I.T. Act.
2. Learned counsel for the petitioner submits that though the challan of the case was presented under POCSO Act but in this regard an inquiry was held before the competent Court and the competent Court found that the prosecutrix was a major, therefore, the application filed by the petitioner was accepted. Counsel further submits that according to the statement of prosecutrix recorded under Section 164 Cr.P.C., she mentions her age as 19 years. FIR in this case has been lodged after a considerable delay and no explanation has been given for the said delay. Challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3
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 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 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 grants bail to the petitioner in a case involving offences under Sections 363, 366, 376(N) IPC, Section 5(L)/6 of the POCSO act.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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.
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