HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Billu Alias Gulle Alias Gularam – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.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.152/2024 registered at Police Station Bichwal, Dist. Bikaner, for the offences under Sections 450 and 376 of IPC and Sections 3/4 and 7/8 of POCSO Act.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the cross-examination of the victim ‘U’ before the competent criminal Court, learned counsel for the petitioner submitted that the victim ‘U’ has admitted that she was not subjected to forcible sexual assault/rape by the present petitioner.
3. Learned counsel submitted that the petitioner has been roped in a false criminal case owing to some previous animosity between the parties. It was contended that since the statements of the victim have already been recorded before the competent criminal Court, now there is no apprehension of petitioner influencing her or tampering with the evidence.
4. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long ti
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
The court emphasized that prior acquaintance and lack of evidence of coercion justified granting bail, highlighting the importance of assessing risks of influencing witnesses.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
The court granted bail under Section 439 Cr.P.C. due to lack of evidence tampering risk and prolonged judicial custody, despite serious allegations against the petitioner.
The court granted bail based on the lack of supporting evidence from key witnesses, significantly reducing the likelihood of conviction.
The court denied bail based on the gravity of allegations and the potential influence on witnesses, emphasizing the need for a fair trial.
The court granted bail based on the victim's acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
Bail may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
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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