Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2194

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Rajkumar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 10705 of 2021
Decided On : 05-10-2021

Advocates appeared:
Karanpal Singh, Advocate, Mangal Singh PP, Advocate, Rohit Khandelwal, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the duration of custody and the nature of the allegations, warrant such a decision.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail to the petitioner, considering the duration of custody, the nature of the relationship with the prosecutrix, and the likelihood of prolonged proceedings. The court emphasized the need for a balanced approach in light of the circumstances, allowing for the possibility of bail under Section 439 Cr.P.C.]
Fact of the Case:

The petitioner was arrested for offenses under Sections 376(2)(N), 506 IPC, and Sections 5, 6 of the POCSO Act, following allegations of maintaining a physical relationship with a 17-year-old girl under the pretext of marriage.
Finding of the Court:

The court noted the petitioner's custody since May 28, 2021, and the filing of the charge-sheet. It considered the nature of the relationship and the prosecutrix's statements, concluding that continued custody was not warranted at this stage.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the nature of the allegations.
Ratio Decidendi: The court highlighted that the totality of circumstances, including the duration of custody and the nature of the relationship, justified granting bail without expressing an opinion on the merits of the case.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No.152/2021 of Police Station Todaraisingh, District Tonk for the offences punishable under Sections 376(2)(N), 506 IPC and Section 5, 6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner has drawn the attention of this Court towards the FIR as well as the statements rendered under Sections 161 & 164 Cr.P.C., in which the prosecutrix, who is aged 17 years, has stated that the petitioner was maintaining continuous physical relationship with her on the pretext of promise to marry. Learned counsel also submits that in her statement, the prosecutrix has also stated that now the petitioner got married with some other girl. Learned counsel further submits that the age of the present petitioner is 17 years 11 months & 21 days by one stand, and 19 years by another stand. Learned counsel also submits that the petitioner is in custody since 28.05.2021 and the charge-sheet in this case has already been filed.

5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.

6. Taking into consideration the custody period of the petitioner as well as the consistency of physical relationship between the parties by making promise to marry, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.

7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajkumar @ Raju S/o Kishan Sansi shall be released on bail in connection with FIR No.152/2021 of Police Station Todaraisingh, District Tonk provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

Click Here to Read the rest of this document