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DEVENDRA KACHHAWAHA
Fakruddin – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - 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.86/2021, Police Station Kotwali, District Sirohi, registered for the offence punishable under Sections 363 & 366A of the Indian Penal Code, Section 16/17 of POCSO Act and Section 3(2)(v) of SC/ST (Preventio of Atrocities) Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that allegation of rape has been levelled against the main accused Rahul; petitioner has left the prosecutrix at her behest on a motor-cycle; charge-sheet has been filed; petitioner is behind the bars since 22.04.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that accused-petitioner has active participation in the incident and he himself has left the prosecutrix on a motor-cycle.
5. In reply, learned c
The court established that prolonged detention without trial, alongside the filing of a charge-sheet and the differentiation of roles in the alleged crime, can justify the granting of bail.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
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.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
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 lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
Inordinate delay in filing the FIR, refusal of medical examination, and lengthy trial process can be considered as grounds for granting bail.
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
The court established that the grant of bail is appropriate when the trial is likely to be lengthy and when co-accused have been granted similar relief, emphasizing the importance of equal treatment ....
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