Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2200

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Krishan Kumar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 10698 of 2021
Decided On : 05-10-2021

Advocates appeared:
O.P. Jhajhria, Advocate, Mangal Singh Saini, Advocate

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.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C. after considering the statements of the prosecutrix and her father, who refuted the allegations against the petitioner. The court emphasized the need for caution due to the ongoing COVID-19 pandemic and noted that the proceedings would take time, thus justifying the bail decision without commenting on the case's merits.
Fact of the Case:

The petitioner was arrested in connection with FIR No.199/2021 for offences under Sections 366-A and 363 IPC. He applied for bail under Section 439 Cr.P.C.
Finding of the Court:

The court reviewed the statements of the prosecutrix and her father, both of whom denied the allegations against the petitioner. The court acknowledged the lengthy nature of the proceedings and the petitioner's custody since June 14, 2021.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the statements of the witnesses.
Ratio Decidendi: The court determined that the totality of the circumstances, including the lack of corroborative evidence from the prosecution and the lengthy trial process, warranted the granting of bail under Section 439 Cr.P.C.
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.

1. This Court perused the material available on record.

2. The petitioner has been arrested in connection with FIR No.199/2021 of Police Station Udaipurwati, District Jhunjhunu for the offences punishable under Sections 366-A, 363 IPC. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has shown the certified copies of the statements rendered by the prosecutrix aged 19 years in the capacity of PW-1 and her father in the capacity of PW-2 before the learned trial court, in which both have refuted the story of the prosecution and have denied any allegation against the present petitioner. The said certified copies are taken on record.

4. Learned counsel for the petitioner also submits that the petitioner is in custody since 14.06.2021.

5. Learned Public Prosecutor opposed the bail application.

6. 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.

7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Krishan Kumar S/o Sharwan Kumar shall be released on bail in connection with FIR No.199/2021 of Police Station Udaipurwati, District Jhunjhunu 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.

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