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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Fakruddin - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11262 of 2021
Decided On : 20-10-2021
BAIL - CRIMINAL PROCEDURE CODE - The court granted bail under Section 439 Cr.P.C. considering the circumstances of the case, including the fact that the petitioner had been in custody since April 2021, the charge-sheet had been filed, and the main accused was identified separately. The court emphasized the need for a fair trial and the potential delay in proceedings as key factors influencing its decision.
Fact of the Case:
The petitioner, Fakruddin, is in judicial custody related to F.I.R. No.86/2021 for serious offenses including kidnapping and POCSO violations. He claims to have left the prosecutrix at her request, while the main accused, Rahul, is alleged to have committed rape.
Finding of the Court:
The court found that the petitioner had been in custody for an extended period, the charge-sheet was filed, and the main allegations were against another individual. The court noted the potential for a lengthy trial.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the duration of custody.
Ratio Decidendi: The court determined that the length of custody, the filing of the charge-sheet, and the distinction between the roles of the petitioner and the main accused warranted the granting of bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon fulfilling certain conditions.
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 counsel for the petitioner stated that the motor-cycle belongs to the main-accused Rahul and recovery of motor-cycle has been made from him only.
6. Having regard to the facts and circumstances of the case, particularly looking to the facts that allegation of rape has been levelled against the main-accused Rahul; charge-sheet has been filed; petitioner is behind the bars since 22.04.2021; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
7. Consequently, the bail application is allowed. It is ordered that the petitioner - Fakruddin S/o Navabuddin, arrested in connection with F.I.R. No.86/2021, Police Station Kotwali,
8. District Sirohi, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/-with two surety bonds of Rs.25,000/- 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 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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