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MANOJ KUMAR GARG
Ajay @ Raja Ram – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.189/2021, Police Station Ladnun, District Nagaur for the offence punishable under Section 376(2) of Indian Penal Code and Section 5/6 POCSO Act.
2. Learned counsel for the petitioner submits that F.I.R. in this case has been lodged after considerable delay and this delay has not been explained by the prosecutrix. Learned counsel further submits that there are material contradictions in the statement of the prosecutrix recorded under Section 161 & 164 Cr.P.C. Challan of the case has already been presented. In these circumstances, the petitioner may be released on bail.
3. Per contra, Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.
4. I have considered the arguments advanced before me and carefully gone through the material available on record.
5. There are specific allegation against the petitioner. No case for grant of bail is made out.
6. Accordingly, this Criminal Miscellaneous Bail Application is dismissed. However, the petitioner is at liberty to file bail appl
The court established that specific allegations and the credibility of the prosecutrix's statements are critical factors in determining bail applications in serious offences such as those under the P....
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court may grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, including the turning hostile of the prosecutrix and the absence of c....
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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.
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