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PUSHPENDRA SINGH BHATI
Bajrang Lal – 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.295/2021 of Police Station Reengus, District Sikar for the offence punishable under Section 376(N) IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the prosecutrix is aged above 30 years. Learned counsel further submits that the FIR has been lodged with the allegation that while she was working at RSWM Dhaga Mill, Reengus, she met the present petitioner, who promised to marry her and continued to maintain physical relationship with her. Learned counsel has shown the documents pertaining to the live-in relationship, which are on record and which are on notarized stamp paper. Learned counsel also submits that the petitioner is in custody since 11.07.2021.
5. Learned Public Prosecutor opposed the bail application.
6. Looking into the allegations levelled in the FIR as well as the prolonged physical relationship
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 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 warrant the granting of bail under Section 439 Cr.P.C.
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 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....
Bail can be granted under Section 439 Cr.P.C. when the custody of the accused is not warranted, particularly when the allegations against them are indirect and the proceedings are expected to take ti....
The court established that the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
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