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RAJENDRA PRAKASH SONI
Salendra Singh @ Chhinda S/o Shri Manjeet Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Arrested in furtherance of FIR No. 79/2023 registered at Police Station Jaitsar, District Ganganagar, petitioners have filed these applications under Section 439 Cr.P.C. for releasing them on bail. The petitioners are charged for offences punishable under Sections 366, 376-D, 377, 382, 384 of the I.P.C.
2. Let me briefly mention the facts germane for disposal of present petition. On 21.03.2023 at around 08.29 PM, complainant Miss “S” lodged a report stating that she had met Chhinda Singh two months ago and also knew Goldie as he was a friend of Chhinda Singh. Around 11:00 in the morning of that day, Chhinda Singh called her upon telephone and asked her to come to a place named “Buddha Johad.” She made an excuse to her mother and went to Bughiya turn on motorcycle of Jagga Singh. There, she met Goldie and Chhinda Singh and went to Buddha Johad on their motorcycle. Upon reaching near Raj Canal, Goldie left the scene. Chhinda Singh then attempted to rape her by removing her salwar. Meanwhile, two persons namely Vinod and Kuldeep started recording the incident on video. Chhinda Singh ran away with mobile of her. Thereafter Vinod and Kuldeep raped her. Later, another person nam
In cases involving serious sexual offenses, particularly gang rape, the court must carefully consider the evidence and the potential risks to the victim when deciding on bail applications.
In rape cases, especially involving minors, the gravity of the offense and prima facie evidence can outweigh delays in filing FIRs when considering bail.
The main legal point established is the distinction between preparation and attempt to commit an offence, as well as the application of relevant sections of the IPC and POCSO Act in determining the n....
The court reinforced that direct allegations of serious offenses like rape, supported by evidence, warrant denial of bail.
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.
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