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2021 Supreme(Raj) 1764
RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Hem Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous 4th Bail Application No. 12577 of 2021
Decided On : 29-09-2021
Important Points
Subject
Criminal Law
Act Referred
INDIAN PENAL CODE : S.342, S.363, S.366(k)(a), S.376
Headnote
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. after considering the testimony of the victim, which raised doubts about the prosecution's case, indicating that the legal standard for bail was met due to the lack of strong evidence against the petitioner.
Fact of the Case:
The petitioner, Hem Singh, filed a 4th bail application while in custody for serious charges under IPC and POCSO Act. The previous bail applications had been rejected, but new testimony from the victim was presented.
Finding of the Court:
The court found that the victim's statement created doubt regarding the prosecution's case, which warranted a reconsideration of the bail application.
Issues: Whether the new testimony of the victim was sufficient to grant bail to the petitioner despite the serious charges against him.
Ratio Decidendi: The court emphasized that the presence of doubt in the prosecution's case, as indicated by the victim's testimony, is a critical factor in determining the appropriateness of bail.
Result: The court allowed the bail application, releasing the petitioner on bail with specific conditions.
JUDGMENT
Vinit Kumar Mathur, J. - The present 4th 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.114/2020, Police Station Kelwara District Rajsamand for the offences under Sections 363, 366(KA), 342, 376 of IPC and section ? of POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the petitioner that after rejection of the third bail application of the petitioner by this court vide order dated 19.08.2021, the statement of Mst ?L? has been recorded before the trial court as PW1. Learned counsel for the petitioner submits that PW1 has stated in her statement that neither her nor clothes of the petitioner were removed. She further stated that after throwing her on the floor, Hem Singh did not touch her. The counsel further submits that testimony of PW1 creates doubt in the prosecution story. Therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail.
5. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.
6. Consequently, the 4th bail application is allowed. It is ordered that the accused-petitioner Hem Singh S/o Udai Singh Rawat arrested in connection with F.I.R. No.114/2020, Police Station Kelwara District Rajsamand shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
