Rakesh vs State of Rajasthan - 2023 Supreme(Raj) 2331

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2331

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
MAHENDAR KUMAR GOYAL, J.
Rakesh - Petitioner
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 17740 of 2022
Decided on : 13-01-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashvin Garg, Advocate
For the Respondent: Mr. Riyasat Ali, PP

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Petitioner arrested for offences under Section 376 and 376(2)(n) IPC - Allegations of false implication due to inordinate delay of over two and a half years in lodging FIR by a married lady aged 24 - No reasons assigned for delay, lack of criminal antecedents, and length of custody considered - Application allowed, and bail granted on filing personal bond and sureties. (Paras 2-5)

(B) Precedent for bail - The court holds that in cases where serious allegations are made, the delay in filing FIR, along with other factors like the absence of criminal antecedents, may warrant the consideration of bail. (Para 4)

Facts of the case:
The petitioner is accused of serious offences under IPC, with the FIR being lodged after a significant delay by a major married woman; petitioner's claims of false implication and absence of prior criminal record were emphasized.

Findings of Court:
The court noted the inordinate delay in the FIR, the petitioner’s clean record, and the anticipated length of the trial as factors justifying bail, without commenting on the merits of the case.

Issues: The main issues include the implications of the delay in lodging the FIR and the relevance of the petitioner’s lack of criminal history in the context of bail.

Ratio Decidendi: The court maintained that serious allegations, when accompanied by unreasonable delay in reporting, can influence the decision on bail, thus opting for the release of the petitioner.

Result: Bail application allowed.

Table of Content
1. arrest relating to serious allegations. (Para 1)
2. arguments for and against bail application. (Para 2 , 3)
3. court's reasoning for granting bail. (Para 4)
4. order for bail release conditions. (Para 5)

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 charge sheet especially, inordinate delay in lodging the FIR, statement of the prosecutrix recorded under Section 164 Cr.P.C., his length of custody, absence of criminal antecedents and the fact that trial of the case may take time; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Rakesh Son Of Vishram shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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