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MANOJ KUMAR GARG
Mayaram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.185/2022, Police Station Sultanpur, Distt. Kota Rural for the offence under Sections 363, 366, 344, 376(2)(n) of IPC and Section 5(th) read with Section 6 of the POCSO Act.
2. Learned counsel for the petitioner submits that the prosecutrix has been examined before the trial court as PW-1 and she has been declared hostile. There is no other evidence against the petitioner to connect him with the alleged crime. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mayaram S/o Dhanr
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 grants bail to the accused petitioner under Section 439 Cr.P.C.
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 prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
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.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
The court may grant bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, 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, without expressing any opinion on the merits of the case.
The court may grant bail based on the weakening of the prosecution's case due to key witnesses turning hostile and the arguments presented by the petitioner's counsel.
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