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.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail to the petitioner under Section 439 Cr.P.C. considering the prosecutrix's statement indicating no allegations against the petitioner, the lengthy custody period since July 2020, and the fact that a similarly situated co-accused had already been granted bail. The court emphasized the need for caution and fairness in the proceedings.]
Fact of the Case:

The petitioner was arrested in connection with FIR No.549/2019 for offences under Sections 363, 366 & 379 IPC and sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court noted the prosecutrix's statement indicating no knowledge of the petitioner and the absence of allegations against him, alongside the lengthy custody period and the granting of bail to a co-accused.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case and the statements made by the prosecutrix.
Ratio Decidendi: The court determined that the totality of circumstances, including the prosecutrix's lack of allegations against the petitioner and the lengthy duration of custody, warranted the granting of bail.
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.549/2019 of Police Station Bhusawar, District Bharatpur for the offences punishable under Sections 363, 366 & 379 IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner has pointed out the statement of the prosecutrix, which she had rendered before the learned trial court in the capacity of PW-1. Learned counsel further submits that in the statement, particularly in the cross-examination, the prosecutrix, who is more than 17 years of age, has stated that she does not know Fateh Singh @ Vinay @ Vittu s/o Shri Jagveer and she stated that she has no allegations against him. Learned counsel also submits that similarly situated co-accused, namely, Kapil Jangid has already been granted bail by this Court vide order dated 27.09.2021 passed in CRLMB No.15457/2021. Learned counsel further submits that the petitioner is in custody since 24.07.2020.

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 the similarly situated co-accused person has already been granted bail and the petitioner is in custody since 24.07.2020 and 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 Fateh Singh @ Vinay @ Vittu s/o Shri Jagveer shall be released on bail in connection with FIR No.549/2019 of Police Station Bhusawar, District Bharatpur 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