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RAJASTHAN HIGH COURT
Anoop Kumar Dhand, J.
Alisher Khan - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 16030 of 2021
Decided On : 29-11-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the age of the prosecutrix, the delay in filing the FIR, and the absence of criminal antecedents of the petitioner. The court emphasized the importance of the charge-sheet being filed and the trial process taking time, leading to the decision to allow bail without expressing an opinion on the merits of the case.
Fact of the Case:
The petitioner, Alisher Khan, sought bail in connection with FIR No.112/2021 for offences under Sections 450 & 376(2)(n) IPC. The prosecutrix, aged 21, alleged incidents occurring on 12.04.2021 and 02.08.2021, with a significant delay in filing the FIR.
Finding of the Court:
The court noted the delay in the FIR and the completion of the investigation, leading to the filing of a charge-sheet. It found the circumstances justified granting bail, emphasizing the need for the petitioner to appear for trial.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations, the delay in filing the FIR, and the absence of prior criminal records.
Ratio Decidendi: The court determined that the delay in reporting the incident and the filing of the charge-sheet were significant factors in favor of granting bail, alongside the petitioner's lack of criminal history.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with FIR No.112/2021, registered at Police Station Jaswantgarh, District Nagaur wherein he is charged for offences punishable under Sections 450 & 376(2)(n) IPC.
2. Learned counsel for the petitioner submits that age of prosecutrix is 21 years and as per the statements of the prosecutrix recorded under Section 164 Cr.P.C. date of the alleged incident is 12.04.2021. Thereafter, the prosecutrix kept mum for a long time and then she further alleged that again the same incident was repeated with her on 02.08.2021 and FIR had been lodged after ten days, i.e., on 12.08.2021. Learned counsel for the petitioner argues that it may be a case of consent of false implication. He further submits that after completion of investigation, charge-sheet has been filed and trial will take time. Lastly, learned counsel for the petitioner submits that the petitioner is not having any criminal antecedents so indulgence of bail may be given to him.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.
4. Having heard learned counsel for the parties and looking to the statements recorded Section 164 Cr.P.C. and the fact that charge-sheet has been filed and trial will take its own time, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Alisher Khan S/o Faruq, arrested in connection with F.I.R. No.112/2021, Police Station Jawantgarh, District Nagaur may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of 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 in bail applications, factors such as the delay in filing the FIR, the nature of the allegations, and the accused's criminal history are critical in determining the appropr....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly considering the time elapsed and the completion of the investigation.
The court established that bail can be granted under Section 439 Cr.P.C. when the majority of charges are bailable and the case is at a stage where a charge-sheet has been submitted.
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The court established that inconsistencies in the prosecutrix's allegations and the absence of a criminal record for the accused are critical factors in determining bail eligibility.
The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
Consent of the victim, particularly in cases involving young adults, is a critical factor in determining bail under the POCSO Act and IPC.
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