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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Pushpendra Singh Bhati, J.
Chot Lal - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 8012 of 2021
Decided On : 28-09-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C., considering the statements of the prosecutrix and the circumstances of the case, indicating that the continuation of custody was not justified at this stage.
Fact of the Case:
The petitioner was arrested in connection with FIR No. 117/2021 for an offence under Section 363 IPC. He applied for bail, arguing that the prosecutrix's statements were exaggerated and that she had a consensual relationship with him.
Finding of the Court:
The court reviewed the statements under Sections 161 & 164 Cr.P.C. and found that the prosecutrix's admission of a friendship with the petitioner and the nature of the allegations warranted the granting of bail.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the statements of the prosecutrix.
Ratio Decidendi: The court emphasized the importance of the prosecutrix's statements and the need for caution in custody matters, concluding that the petitioner should not remain in custody given the circumstances and the potential delay in trial.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.
ORDER
1. 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. 117/2021 of Police Station Talera, District Bundi for the offence punishable under Section 363 IPC. 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 statements rendered by the prosecutrix under Sections 161 & 164 Cr.P.C. Learned counsel further submits that the statement under Section 164 Cr.P.C. is blown out of proportion with the intent of creating grave offence out of the allegations. Learned counsel also submits that in her statement rendered under Section 161 Cr.P.C, the prosecutrix, who is nearby 18 years old, has admitted that she was in friendship with the petitioner and was regularly in touch with him and also went with him; she was taken away on the pretext of getting married, but the present petitioner had established forceful physical relationship with her.
5. Learned Public Prosecutor opposed the bail application.
6. This Court, taking note of the statement under Sections 161 & 164 Cr.P.C, is not inclined to continue the custody of the petitioner in this case at this stage.
7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that 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.
8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Chot Lal S/o Ram Niwas shall be released on bail in connection with FIR No. 117/2021 of Police Station Talera, District Bundi 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.
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 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, including the duration of custody and the nature of the allegations, warrant such a decisi....
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 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.
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 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....
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....
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