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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Sanjeev Prakash Sharma, J.
Ramesh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12695 of 2021
Decided On : 04-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 438 CrPC, considering the nature of allegations and the complainant's current marital status, allowing the petitioner to be released on bail with specific conditions to ensure cooperation with the investigation and prevent further offenses.
Fact of the Case:
The petitioner filed a bail application under Section 438 CrPC for FIR No.82/2002 concerning offenses under Sections 363, 366, and 376 IPC. The initial complaint was registered in 2002, and the petitioner sought bail after the lower court dismissed his application.
Finding of the Court:
The court noted that the complainant was no longer pursuing the case as she was happily married with children. The court allowed the bail application, emphasizing the nature of the allegations and the change in circumstances.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the complainant's current situation.
Ratio Decidendi: The court determined that the change in the complainant's circumstances and the nature of the allegations warranted the granting of bail, provided the petitioner adhered to specific conditions.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon furnishing a personal bond and sureties, subject to certain conditions.
ORDER
1. The bail application has been filed under Section 438 CrPC. in connection with FIR No.82/2002 registered at Police Station Bandikui District Dausa for the offences under Sections 363, 366 & 376 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. Learned counsel for the petitioner submits that petitioner is said to be arrested in a case registered in 2002 under Sections 366, 379 IPC which has been now converted into Sections 363, 366, 376 IPC.
3. Learned counsel appearing for the complainant submits that complainant does not press the complaint as she is happily married and has two children while the petitioner is also married.
4. Taking into consideration the nature of allegations wherein earlier the offence was only registered under Sections 366, 379 IPC and without commenting further on merits, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioner-Ramesh S/o Shri Hazari in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sureties of the like amount to his satisfaction on the following conditions:
i) That the petitioner shall make himself available for interrogation by a police officer, as and when required;
ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer;
iii) That the petitioner shall not leave without previous permission of the court;
iv) That the petitioner shall not commit any offence similar to the offence of which he is accused or suspected.
AI
The court established that bail under Section 438 CrPC can be granted based on the evolving circumstances of the case and the nature of the allegations, emphasizing the importance of the complainant'....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case without commenting on the merits of the case.
The court established that bail under Section 438 CrPC can be granted when the accused demonstrates cooperation with the investigation and when the interests of justice are served by such a decision.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court established that a lack of evidence, particularly following a hostile witness testimony, can warrant the granting of bail under Section 439 Cr.P.C.
The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
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