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DEVENDRA KACHHAWAHA
Birbal Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.299/2021, Police Station Karghani, Jaipur Metropolitan, Jaipur (Raj.), registered for the offence under Section 376 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person as well as learned counsel appearing on behalf of the complainant through video conferencing. Perused the material available on record.
Learned counsel appearing for the petitioner stated that FIR was filed after a delay of 3½ years; as per the FIR, incident took place in the month of October, 2017; prosecutrix 'A' is 23 years old lady; there is no satisfactory explanation for delay in filing the FIR; as per prosecution, before incident, prosecutrix got three times pregnant by her husband; accused-petitioner is behind the bars since 25.04.2021; charge-sheet has been filed; trial of the case will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor, present-in-person and the learned counsel
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
Inordinate delay in filing the FIR, refusal of medical examination, and lengthy trial process can be considered as grounds for granting bail.
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
The court considered the inordinate delay in filing the FIR, lack of corroboration of rape allegations with medical evidence, and the likelihood of a lengthy trial in granting bail to the accused.
The court considered the delayed FIR, lack of support from the medical report, and overall material produced on record in granting bail to the applicant without commenting on the merits of the case.
The court granted bail due to insufficient prima facie evidence and significant delay in lodging the complaint, emphasizing the need for fair trial conditions.
The unexplained delay in lodging the FIR can be a strong ground for granting anticipatory bail in cases involving offences against women.
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