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FARJAND ALI
Dinesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 135/2023 |
| 2. | Concerned Police Station | Kareda |
| 3. | District | Bhilwada |
| 4. | Offences alleged in the FIR | Sections 363, 376(2)(n), 509 of the IPC, Sections 5(L), 6, 13, 14 of POCSO Act and Section 66(E) of the I.T. Act |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 19.08.2023 |
2. Despite service upon the respondent No.2, no one has appeared on his behalf.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
4. Contrary to the submissions of learned counsel for the petitioner, learned Public Pros
The court emphasizes the importance of presumption of innocence and potential delays in trial when considering bail applications under Section 439 Cr.P.C.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
The prosecution must provide strong prima facie evidence to justify the denial of bail; mere assertions are insufficient for continued detention.
The principle of parity in bail applications allows for granting bail to an accused when co-accused have been granted bail under similar circumstances.
Prolonged detention without trial violates constitutional rights; bail granted due to insufficient evidence and delay in proceedings.
The court granted bail under Section 439 Cr.P.C. due to prolonged incarceration and insufficient evidence of cruelty linked to the cause of death.
The central legal point established in the judgment is the court's discretion to grant bail based on the nature of the alleged offences, the length of the petitioner's incarceration, and the applicab....
The court emphasized the presumption of innocence and the rule of granting bail at the pre-conviction stage, allowing bail when no substantial evidence against the accused is presented.
Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.
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