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PRAVEER BHATNAGAR
Siyaram Meena – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
Apprehending the arrest in connection with FIR No.358/2023 registered at Police Station Udhyog Nagar, District Alwar for the offence(s) under Section 366 and 379 of IPC, the petitioner has preferred this anticipatory bail application under Section 438 Cr.P.C.
2. Learned counsel for the accused-petitioner submits that petitioner has falsely been implicated in this case. He further submits that the prosecutrix herself went with the petitioner and stayed for four days with him. Learned counsel for the petitioner further submits that the petitioner and prosecutrix were having friendly relationship and marriage was solemnized between them in Araya Samaj. Therefore, the anticipatory bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant vehemently oppose the anticipatory bail application of the present petitioner.
4. Heard the perused the case diary.
5. Considering the fact that the prosecutrix herself is major and stayed with the petitioner, thus, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail applicat
The court granted anticipatory bail based on the prosecutrix's voluntary actions, emphasizing the importance of her being a major in the decision.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
A promise of marriage does not constitute rape if the relationship was consensual and there is no evidence of a false promise from the beginning.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
The court granted anticipatory bail to the applicants, emphasizing the need for cooperation with the investigation and restrictions on witness contact.
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