Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2172

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Chavand Singh @ Shravan Singh – Petitioner
Versus
State of Rajasthan and Another – Respondents
S.B. Criminal Misc. Bail Application No. 13373 of 2023
Decided On : 06-11-2023

Advocates:
Advocate Appeared:
For the Petitioner: N.K. Rastogi
For the Respondents: Gaurav Singh, Himanshu Choudhary

Bail can be granted under Section 439 Cr.P.C. when the totality of circumstances, including consent and trial duration, warrant such a decision without prejudicing the case's merits.

Headnote:(A) Indian Penal Code - Sections 363, 366, 343, 450, 376(2)(N) - Protection of Children from Sexual Offences (POCSO) Act - Section 5(L)/6 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(1)(w)(ii), 3(2)(va), 3(2)(v) - Bail application under Section 439 Cr.P.C. - The petitioner was arrested for serious offences including abduction and sexual assault - The prosecutrix's statement indicated her consent to accompany the petitioner - No pending investigation, and the trial is expected to take a long time - Bail granted on the grounds of justice and proper consideration of circumstances. (Paras 1-4)

(B) Bail - The court emphasizes that the decision to grant bail should consider the totality of circumstances without expressing any opinion on the merits of the case. (Paras 4-5)

JUDGMENT :

Manoj Kumar Garg, J.

1. The petitioner has been arrested in connection with FIR No. 124/2023 of Police Station Kareda, District Bhilwara for the offence punishable under Sections 363, 366, 343, 450, 376(2)(N) of IPC, Section 5(L)/6 of POCSO Act and Sections 3(1)(w)(ii), 3(2) (va) and 3(2)(v) of SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned Counsel for the petitioner submits that according to the statement of prosecutrix, she roamed with the petitioner with her own free will at so many places and during this period, she did not raise any hue and cry. He further submits that if anything happened, that was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor and learned Counsel for the complainant have vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Chavand Singh @ Shravan Singh S/o Ratan Singh Rathore, shall be released on bail in connection with FIR No. 124/2023 of Police Station Kareda, District Bhilwara provided he executes a personal bond in a sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/- each to the satisfaction of learned Trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

Application allowed.

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