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DEVENDRA KACHHAWAHA
Nissar Mohd – 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. 361/2021, Police Station Raipur, District Pali, registered for the offences punishable under Sections 500, 384 of IPC and under Section 67-A of Information & Technology Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that prosecutrix 'S' was engaged with the accused-petitioner but due to some dispute, their engagement broke and it could not be converted into marriage; accused-petitioner has wrongly been implicated for the offence punishable under Sections 500, 384 of IPC and under Section 67-A of Information & Technology Act; accused-petitioner is behind the bars since 23.09.2021; no investigation and recovery is pending against the accused-petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor vehemently and fervently opposed the bail appl
The court established that serious allegations involving defamation and violations of the Information Technology Act can lead to the denial of bail, emphasizing the importance of the nature of the ch....
Bail applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
Posting of obscene photographs on Facebook amounts to anti-social activity.
Bail may be granted when there is no incriminating evidence, and the accused has been in custody for an extended period.
Bail may be granted when the prosecution fails to provide substantial evidence, and there is no apprehension of tampering with witnesses or fleeing from justice.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
The main legal point established in the judgment is the consideration of the similarity of the case with a previously granted bail to a co-accused as a basis for granting bail to the accused petition....
The court granted bail under Section 439 Cr.P.C. due to lack of evidence tampering risk and prolonged judicial custody, despite serious allegations against the petitioner.
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.
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