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PUSHPENDRA SINGH BHATI
Rajkumar – Appellant
Versus
State of Rajasthan – Respondent
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 i
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 decisi....
The court established that the presumption of innocence and the right to personal liberty are paramount, particularly in cases where the allegations involve a consensual relationship with a promise o....
The court established that prolonged custody without trial and the filing of a charge-sheet can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court established that prolonged custody without trial and the filing of a charge-sheet can warrant the granting of bail under Section 439 Cr.P.C.
The court established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the absence of allegations and prolonged custody, justify such a decision.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case and the statements of the prosecutrix do not justify continued custody.
The court established that in bail applications, the duration of custody and the nature of the charges are critical factors, and mere allegations without substantial evidence do not justify continued....
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