Back
MAHENDAR KUMAR GOYAL
Rakesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.227/2022 registered at Police Station Mandhan, District Alwar (Police District Bhiwadi) for the offence under Section 376 IPC and later on for the offence under Section 376 (2)(n) IPC.
2. Learned counsel for the petitioner submits that he has falsely been implicated in this case wherein, the FIR has been lodged by a major married lady of 24 years of age after a delay of more than two and half years from the date of alleged offence. Inviting attention of this Court towards the statement recorded under Section 164 Cr.P.C., he submits that no reason has been assigned for inordinate delay in lodging the FIR. He submits that the petitioner is in custody since 08.11.2022, charge sheet has been filed, trial of the case will take time, he has no criminal antecedents and prays for his release on bail.
3. Learned Public Prosecutor has opposed the bail application.
4. Taking into consideration the contentions advanced by learned counsel for the petitioner, the nature of allegations against him, the material contained in the charg
The court's decision to grant bail was based on the consideration of the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate.
The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.
The court may grant bail based on the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate, without expressing any opinion on the merits of....
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
The court considered various factors such as the nature of allegations, length of custody, and absence of criminal antecedents in granting bail to the petitioner.
The court may grant bail based on the nature of allegations, length of custody, and absence of criminal antecedents, without expressing any opinion on the merits of the case.
The court established that specific allegations and the credibility of the prosecutrix's statements are critical factors in determining bail applications in serious offences such as those under the P....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
