Back
ANOOP KUMAR DHAND
Somveer – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with an FIR No.228/2021, registered at Police Station Taranagar, District Churu, wherein he is charged for offences punishable under Sections 366, 376(2)(n), 344 & 323 IPC.
2. It is contended on behalf of petitioner that in the proceedings of Missing Person Report statement of prosecutrix were recorded on 05.07.2021, in which she has not levelled any allegations of rape against the petitioner. Then, almost after two weeks later, she filed a criminal complaint against the petitioner alleging that rape was committed with her by the petitioner and the same story has been narrated in her statement recorded under Section 164 Cr.P.C. It is further argued that subsequently, the entire story was concocted by the prosecutrix with some ulterior motive. Learned counsel further submits that petitioner is not having any criminal antecedents and after completion of investigation, charge-sheet has been filed.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Having heard learned counsel for the parties and considering the fact that in the earlier version, pr
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.
Bail can be granted when no direct allegations are made against the accused, especially in lengthy trial situations.
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.
The absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.
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 upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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 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.
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
