Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1300

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Rakesh Kumar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 13715 of 2021
Decided On : 12-11-2021

Advocates appeared:
Om Rajpurohit, Advocate, Shashi Shekhar Patel, Advocate, Mahipal Bishnoi, Advocate

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.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner, considering the absence of allegations of rape in the prosecutrix's statements and the fact that the trial would take a significant amount of time. The court emphasized the importance of not commenting on the merits of the case while ensuring the rights of the accused are upheld during the judicial process.
Fact of the Case:

The petitioner was arrested in connection with FIR No.94/2021 for offences under Sections 363, 376(3) IPC and Section 3/4 of POCSO Act. The prosecutrix's statements did not allege rape against the petitioner, and the trial was expected to take a long time.
Finding of the Court:

The court found that there were no pending investigations against the petitioner and deemed it just to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the statements of the prosecutrix.
Ratio Decidendi: The court held that the absence of allegations of rape in the prosecutrix's statements and the prolonged duration of the trial justified the granting of bail under Section 439 Cr.P.C.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

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 FIR No.94/2021, Police Station Rajaldesar, Distt. Churu for the offence under Sections 363, 376(3) IPC and Section 3/4 of POCSO Act.

2. Learned counsel for the petitioner submits that according to the statement of the prosecutrix recorded under Section 161 as well as 164 Cr.P.C., she has not made any allegation of rape against the present petitioner. Now, challan of the case has already been presented. No investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded.

3. Therefore, the benefit of bail should be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the arguments advanced before me and gone through the material available on record.

6. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

7. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rakesh Kumar S/o Bhura Ram shall be enlarged on bail in FIR No.94/2021, Police Station Rajaldesar, Distt. Churu provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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