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PUSHPENDRA SINGH BHATI
Chot Lal – Appellant
Versus
State of Rajasthan – Respondent
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 th
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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