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PUSHPENDRA SINGH BHATI
Priyanshu Tetarwal – 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.103/2021 of Police Station Kotwali Jhunjhunu, District Jhunjhunu for the offences punishable under Section 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner has shown from the record that on previous occasions also, similar FIRs were lodged by the parents of the prosecutrix, and in relation thereto, amicable settlement was arrived at with the prosecutrix. Learned counsel further submits that one of the complaint was against one Vikas s/o Bijendra Swami, and in that also, compromise has been arrived at; compromise between the prosecutrix and one Jaipal is also on record, which is duly attested by Notary and is dated 26.03.2020. Learned counsel also submits that the petitioner is a 20 years old boy and has been wrongly implicated in this case. Learned counsel further submits that the prosec
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 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, including the duration of custody and the nature of the allegations, warrant such a decisi....
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....
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 prolonged custody without prior criminal history and the existence of a cross case can justify the granting of bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
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 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....
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