Back
ANOOP KUMAR DHAND
Alisher Khan – Appellant
Versus
State – Respondent
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 part
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
