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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
[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.
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 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 was influenced by the peculiar facts and circumstances of the case, as well as the present situation of the country due to the pandemic of corona virus (COVID-19).
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
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 principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
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 court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
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