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KULDEEP MATHUR
Satyaprakash – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2022, registered at Police Station Matoda, District Jodhpur, for offences under Sections 365 , 342, 376(2)(N), 376D & 384 IPC.
2. Learned counsel for the petitioner submitted that a false case has been foisted against the petitioner. Learned counsel further submitted that there are major discrepancies in the prosecution story. Learned counsel drew the Court's attention towards the statement of Mukesh Lahoti recorded under Section 161 Cr.P.C wherein he stated that on 07.01.2022, he was at his home and his father was informed by Baya that a girl had climbed the school boundary and went inside. Mukesh along with his father, Shankarlal went to the school and found wife of Behrupiya who told them that her husband had gone to the bathroom but the bathroom was locked from inside. Thereafter, Shankar Lal peeked into the bathroom from its roof and saw that the girl was sitting inside the bathroom. Upon being asked to open the door, the girl unlocked the door and stated herself to be daughter of Kumbharam Godara and sister of
The court denied bail based on the gravity of allegations and the potential influence on witnesses, emphasizing the need for a fair trial.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
Bail may be granted when the prosecution fails to provide substantial evidence, and there is no apprehension of tampering with witnesses or fleeing from justice.
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
Bail may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
The POCSO Act establishes a presumption of guilt based on credible victim statements, shifting the burden of proof to the accused.
Bail can be granted when the accused is in judicial custody, investigation is complete, and there is no risk of tampering with evidence or influencing witnesses.
The court established that the presence of evidence indicating a consensual relationship and the age of the prosecutrix at the time of the complaint are significant factors in determining bail in sex....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly in cases where the trial may be prolonged and the evidence is not immediately ....
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