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PUSHPENDRA SINGH BHATI
Parasram – 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.174/2021 of Police Station Hindoli, District Bundi for the offences punishable under Sections 363, 366A, 376(2)(N) 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 statement rendered by the prosecutrix under Section 161 Cr.P.C. in which the prosecutrix has stated that she is 16 years 07 months of age and she was in consistent contact with the present petitioner, as they were speaking on mobile phone. Learned counsel further submits that the prosecutrix has further stated that the petitioner called her on mobile phone and when she refused, the petitioner took her away on his motorcycle and committed rape upon her. Learned counsel also has further drawn the attention of this Court to the statement rendered by the prosecutrix under Section 164 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 and the statements of the prosecutrix do not justify continued custody.
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 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 warrant it, particularly in cases where the trial may be prolonged and the evidence is not immediately ....
The main legal point established in the judgment is the court's discretion to grant bail based on the overall facts and circumstances of the case, the statements of the complainant, and the conduct a....
The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
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