Praveen Kumar @ Praveen Godara vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1827

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Anil Kumar Upman, J.
Praveen Kumar @ Praveen Godara – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2190 of 2023
Decided On : 11-08-2023

Advocates:
Advocate Appeared:
For the Petitioner: Dushyant Singh Naruka
For the Respondent: Mahendra Meena
For the Complainant : Harendra Singh Sinsinwar

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 354D, 306, 452, 363, 342, 354

(B), 305 - Protection of Children from Sexual Offences Act, 2012 - Sections 7/8, 11/12 - Juvenile Justice Act - Section 84 - Bail application filed for granting bail to the accused-petitioner pending trial - Petitioner contends false implication and lack of evidence for charges - Trial will take considerable time due to the charge sheet having been filed - Respondent argues the accused is responsible for the deceased's suicide - The court, having considered all aspects and without commenting on merits, allows bail application on conditions. (Paras 1-7)

Facts of the case:
The petitioner was arrested under multiple charges including IPC sections regarding assault and POCSO Act. The petitioner has been in custody since December 8, 2022, with a charge sheet already filed. The counsel claims the deceased and petitioner shared a good relationship.

Findings of Court:
The court finds no specific allegations against the petitioner, considers the period of custody and the filing of the charge sheet, and permits bail while setting conditions.

Issues: The primary issue addressed was whether the arguments presented justify the granting of bail considering the allegations and the circumstances surrounding the case.

Ratio Decidendi: The court emphasizes that it must act with regard to the circumstances, allowing bail based on the lack of specific allegations and the duration of custody, refraining from evaluating the merits of the case at this stage.

Result: Bail application allowed.

Table of Content
1. bail application filed under section 439 of cr.p.c. (Para 1 , 2)
2. arguments on behalf of petitioner and prosecution. (Para 3 , 4)
3. court's consideration of facts and granting bail. (Para 5 , 6)
4. order granting bail with conditions. (Para 7)

ORDER :

1. Petitioner has filed this bail application under Section 439 of Cr.P.C.

2. F.I.R. No. 667/2022 was registered at Police Station Udhyog Nagar, District Sikar for offences under Sections 354(d) , 306 of IPC and under Section 11 /12 of POCSO Act. Later on, police filed charge sheet for offences under Sections 452 , 363, 342, 354(B), 354(D), 305 of IPC and Sections 7/8, 11/12 of POCSO Act and under Section 84 of JUVENILE JUSTICE ACT .

3. It is contended by counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel for the petitioner submits that petitioner and deceased were friends and they were having good relations with each other. He further submits that ingredients of Section 107 of IPC are not visible in this case and no case under Section 305 of IPC is made out. He further submits that petitioner is in custody since 8.12.2022 and charge sheet has been filed and trial will take considerable time.

4. Learned Public Prosecutor assisted by counsel for the complainant has vehemently opposed this bail application and they submit that petitioner is fully responsible for suicide of the deceased. He further submits that on earlier occasion also on dated 21.9.2022, petitioner entered into the room of the deceased, however no complaint of this incident was made.

5. I have considered the contentions.

6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and the fact that no specific allegation has been levelled against the petitioner, charge sheet has been filed and period of custody, but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50, 000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25, 000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

Click Here to Read the rest of this document