Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2171

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Ajay @ Raja Ram - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 14681 of 2021
Decided On : 01-12-2021

Advocates appeared:
M.A. Siddiqui, Advocate, Mahipal Vishnoi, Advocate, R.S. Choudhary, Advocate

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 POCSO Act.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court dismissed the bail application under Section 439 Cr.P.C. due to specific allegations against the petitioner and the lack of an adequate explanation for the delay in filing the F.I.R. The court emphasized the importance of the prosecutrix's statements and the material contradictions therein, ultimately concluding that the circumstances did not warrant bail at this stage.
Fact of the Case:

The petitioner was arrested in connection with an F.I.R. for an offence under Section 376(2) IPC and Section 5/6 POCSO Act. The F.I.R. was lodged after a considerable delay, which was not explained by the prosecutrix.
Finding of the Court:

The court found that there were specific allegations against the petitioner and noted the contradictions in the prosecutrix's statements. The court concluded that these factors did not support the granting of bail.
Issues: Whether the delay in filing the F.I.R. and the contradictions in the prosecutrix's statements were sufficient grounds to grant bail to the petitioner.
Ratio Decidendi: The court held that the presence of specific allegations and the unexplained delay in the F.I.R. filing, along with contradictions in the prosecutrix's statements, constituted valid reasons to deny bail.
Result: The bail application was dismissed, but the petitioner was allowed to file a fresh application after the prosecutrix's statement was recorded.

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 application afresh after recording the statement of the prosecutrix.

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