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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Shyam Sunder – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.424/2024 registered at Police Station Pratap Nagar, District Bhilwara for the offences under Sections 376(2)(n) and 384 of IPC .
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely roped the petitioner in a criminal case. Drawing attention of the Court towards the FIR and the statements of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel submitted that as per the prosecutrix, one day the petitioner with whom she is having an old acquaintance came to her home at night to get his tiffin, at that time, her health was not good. The petitioner on seeing her poor health, told her that he will bring medicines for her from the medical store. After some time, when the petitioner gave her the medicines, she took them and fell unconscious. Thereupon, the petitioner captured her obscene photographs and started blackmailing her by telling her to meet him otherwise,
The absence of recovered evidence and lack of risk of witness tampering justified granting bail in a case of alleged blackmail and sexual assault.
Bail can be granted when there is no apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.
Bail granted under Section 483 BNS Act due to lack of evidence and previous compromise in similar allegations, emphasizing the need for fair trial considerations.
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 granted bail based on the absence of injuries and completed investigation, emphasizing that bail decisions do not reflect on the merits of the case.
The court granted bail due to insufficient evidence supporting allegations against the petitioner, emphasizing the context of prior relationships and lack of incriminating materials.
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.
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