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MANOJ KUMAR GARG
Kamil Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.592/2022 of Police Station Sukher, District Udaipur for the offence punishable under Sections 328, 389, 376(2)(N) & 506 of the IPC and Section 67 of the IT Act.
2. Learned counsel for the petitioner submits that prosecutrix is a major girl and she lodged a false complaint against the present petitioner. Counsel further submits that the photographs of the petitioner and prosecutrix clearly depicts that the prosecutirx was in love with the petitioner and if anything was happened, that was with the consent of the prosecutrix. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Per contra learned Public Prosecutor has opposed the prayer for bail.
4. Heard learned counsel for the parties and perused the material available on record.
5. According to the statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C., a specific allegation for committing rape has been made against the present petitioner.
The specific allegation of forcing the victim into prostitution influenced the court's decision in rejecting the bail application.
Granting bail 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 bail can be granted when the allegations do not substantiate the charges and when the trial is expected to be lengthy, ensuring the rights of the accused are protected.
The court may consider the material on record, absence of specific allegations, and compromise between the parties in deciding bail applications.
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 has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits 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.
Consistency and credibility of allegations, lack of parity with co-accused, and potential threat of witness influence or evidence tampering are crucial factors in bail decisions in cases involving se....
Bail is the rule and committal to jail is an exception, with the purpose of detention during trial being to secure the attendance of the accused, not punishment.
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