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.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the age of the prosecutrix, the time elapsed since the alleged incident, and the completion of the investigation, emphasizing the need for a fair trial without pre-judging the merits of the case.
Fact of the Case:

The petitioner sought bail in connection with FIR No.96/2021 for offences under Sections 450 & 376 IPC, with the prosecutrix being 40 years old and the incident alleged to have occurred four years prior.
Finding of the Court:

The court found it appropriate to grant bail, noting the elapsed time since the incident and the completion of the investigation, without expressing an opinion on the merits of the case.
Issues: Whether the petitioner should be granted bail considering the nature of the charges and the circumstances surrounding the case.
Ratio Decidendi: The court emphasized the importance of not pre-judging the merits of the case while also considering the age of the prosecutrix and the time elapsed since the alleged incident.
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.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, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each 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.

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