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SAMEER JAIN
Jitendra Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Sameer Jain, J.)
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 118/2023 registered at Police Station Jalupura District Jaipur City North and charge-sheeted for the offence(s) under Sections 376(2)(n), 506 of IPC and Section 67a of I.T. Act.
2. Learned counsel for the applicant submits that the applicant, who is aged about 55 years with no criminal antecedents, is the primary bread-earner for his family, is falsely implicated in the present matter. The FIR was also filed with a delay of over a month and was only filed to settle the land/financial dispute pending between the parties, who are also related to each other. It is contended that the medical is also inconclusive and does not suggest commission of the alleged offence. Without prejudice to his other arguments, learned counsel for the applicants submits that since investigation in the matter is complete and charge-sheet has been filed, further incarceration of the applicants till conclusion of trial, which is likely to take long, is not required.
3. Per contra, learned counsel for the complainant and le
Bail applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
The court established that serious allegations involving defamation and violations of the Information Technology Act can lead to the denial of bail, emphasizing the importance of the nature of the ch....
Bail may be granted when there is no incriminating evidence, and the accused has been in custody for an extended period.
The presumption of guilt based on serious allegations and history of absconding justifies denial of bail.
Posting of obscene photographs on Facebook amounts to anti-social activity.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
The main legal point established in the judgment is the consideration of the seriousness of the allegations, the status of the accused as a first-time offender, and the imposition of specific conditi....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that the accused is not a flight risk and the trial is expected to be prolonged.
Pre-arrest bail granted, emphasizing no necessity for custodial interrogation and distinguishing between offenses under the IT Act.
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