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VINIT KUMAR MATHUR
Prakash @ Ram Prakash – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.409/2020, Police Station Bilara, District Jodhpur for the offences punishable under Sections 363, 366A of the I.P.C., under Section 16/17 of POCSO Act and under Section 84 of J.J.Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that after rejection of the second bail application of the petitioner by this Court on 14.01.2021, the statement of Mst."S" has been recorded before the learned trial Court as PW-3. He further submits that there is no allegation of rape against the present petitioner. The only allegation levelled against the petitioner is that he accompanied the principal accused Mahesh. He submits that the petitioner has been falsely implicated in the present case. Therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and
5. upon a consideration of t
A defendant may be granted bail if the allegations do not directly implicate them in the commission of a serious crime, particularly when they are merely an accomplice to the principal accused.
The court's decision to grant bail was based on the statement made by the prosecutrix, which did not level any allegation against the petitioners and raised doubts about the correctness of certain st....
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
The principle of parity in bail applications mandates that similarly situated accused should be treated equally unless there are significant differences in their cases.
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
The court's decision to grant bail to the accused-petitioners was influenced by the circumstances of the case, including the rejection of the first bail applications, the filing of the charge-sheet, ....
The court established that doubts in the prosecution's case, particularly from the victim's testimony, can justify the granting of bail under Section 439 Cr.P.C.
The gravity of the offence and the statement of the victim are crucial factors in deciding whether to grant bail.
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.
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