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SANJEEV PRAKASH SHARMA
Jayendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Defect(s) pointed out by the Registry stands waived.
1. The bail application has been filed under Section 438 CrPC. in connection with FIR No. 13/2021 registered at Police Station Mahila Police Thana, District Banswara for the offences under Sections 376(2)(n), 452, 406 & 384 IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, the bail application has been filed.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.
3. Learned counsel for the petitioner submits that entire story mentioned in the FIR is palpably false and the FIR has been registered with the sole purpose to counter the FIR registered by the petitioner as against the present complainant on 24.12.2020 under Section 307, 120-B IPC. Learned counsel submits that the petitioner suffered severe cecal perforation with multiple ileal perforation due to stab wound and he cannot possibly be in a condition to have recovered within one month to commit alleged rape as alleged in the FIR. Learned counsel has taken this court to the medica
The court established that under Section 438 CrPC, bail may be granted when there is a reasonable apprehension of false implications in criminal cases, particularly when the accused's medical conditi....
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The court may consider the material on record, absence of specific allegations, and compromise between the parties in deciding bail applications.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering the length of the trial and the nature of the injuries alleged against the accused.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court considered the settlement between the parties and the prosecutrix's affidavit retracting her complaint to allow the bail application without commenting on the merits of the case.
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
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