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ANOOP KUMAR DHAND
Omprakash – 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.96/2021, registered at Police Station Kurabad, District Udaipur, wherein he is charged for offences punishable under Sections 450 & 376 IPC.
2. It is contended on behalf of petitioner that age of prosecutrix is 40 years age and as per her statements recorded under Section 164 Cr.P.C., date of the alleged incident is of four years back. It is further contended that after completion of investigation, charge-sheet has already been filed and trial will take its own time.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Having heard learned counsel for the parties and looking to the allegations levelled and the statements recorded under Section 164 Cr.P.C., 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 Omprakash @ Kalu S/o Motiram, arrested in connection with F.I.R. No.96/2021, Police Station Kurabad, District Udaipur, ma
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 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 accused has been in custody for a significant period and the offence is triable by a Magistrate, reflecting the court....
The court considered the age of the petitioner and the circumstances of the case in granting bail.
The court may grant bail considering factors such as the petitioner's age, duration of custody, and the status of co-accused.
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 court has the discretion to grant bail based on the nature of the offences, the duration of custody, and the overall facts and circumstances of the case.
The court considered the inordinate delay in filing the FIR, lack of corroboration of rape allegations with medical evidence, and the likelihood of a lengthy trial in granting bail to the accused.
The court considered the delay in FIR lodging, lack of corroboration with medical evidence, and the age of the prosecutrix in granting bail to the accused-petitioner.
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