Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1717

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Gautam Saini - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 11536/2021
Decided On : 13-08-2021

Advocates appeared:
Mr. Inder Raj Saini, Advocate, for the Petitioner; Mr. F.R. Meena, P.P, for the Respondent

The court established that bail can be granted when the nature of allegations does not warrant continued custody, especially in the absence of serious charges and with completion of investigation.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. after considering the nature of allegations, the petitioner's length of custody, and the absence of criminal antecedents. The court emphasized that the prosecutrix did not allege rape against the petitioner, and the investigation was complete, leading to a decision to release the petitioner on bail with conditions.
Fact of the Case:

The petitioner was arrested in connection with FIR No.206/2021 for offences under IPC and the Information Technology Act. The petitioner contended that the prosecutrix did not allege rape against him in her FIR or statements.
Finding of the Court:

The court found that the allegations did not constitute an offence beyond the provisions of the Act of 2000, and noted the petitioner's lack of criminal history and the completion of the investigation.
Issues: Whether the petitioner should be granted bail considering the nature of allegations and the circumstances of the case.
Ratio Decidendi: The court determined that the absence of serious allegations, the petitioner's length of custody, and his clean record justified the granting of bail.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.206/2021 registered at Police Station Mahila Thana District Alwar for the offence(s) under Section(s) 366, 376-D, 384 & 506 IPC and Sections 67-A & 67-B of the Information Technology Act, 2000 (for brevity "the Act of 2000").

It is contended by learned counsel for the petitioner that the prosecutrix has levelled no allegation of subjecting her to rape against him either in the FIR lodged by her or in her statements recorded under Section 161 as well as under Section 164 CrPC. He submitted that the allegation against him does not constitute any offence beyond the provisions of the Act of 2000. He submitted that the petitioner is in custody since 01.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, the material contained in the case diary especially the contents of the FIR, statements of the prosecutrix recorded under Section 161 CrPC as well as under Section 164 CrPC and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Gautam Saini S/o Shri Babu Lal Saini shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ?1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ?50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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