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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Pintu – Appellant
Versus
State Of Rajasthan – Respondent
Order :
KULDEEP MATHUR, J
1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.119/2024, registered at Police Station Delwara, District Rajsamand, for offences under Sections 137(2), 65(1) & 61(2)(a) of BNS and Section 5(l)/6 of POCSO Act.
2. Drawing attention of the Court towards the statements of the victim ‘S’ as PW-1 and other material prosecution witnesses viz. Dalu (PW-2), Nandudi (PW-3) & Mukesh (PW-4) recorded before the competent Criminal Court, Learned counsel submitted that the victim ‘S’ along with material prosecution witnesses during their Court statements have not supported the prosecution story and have turned hostile. It was submitted that since the victim ‘S’ during her Court statements has not supported the prosecution story and has turned hostile, the chances of the petitioner getting convicted in present case are very bleak.
3. Lastly, learned counsel submitted that the petitioner is in judicial custody; the statements of the material prosecution witnesses have already been recorded before the competent Criminal Court and the trial of the case will take sufficiently lon
The lack of supporting testimony from key witnesses and prolonged trial duration justified the court's decision to grant bail, despite serious allegations.
The court grants bail due to the absence of supportive testimony from key witnesses, indicating a low likelihood of conviction.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.
The court emphasized that prior acquaintance and lack of evidence of coercion justified granting bail, highlighting the importance of assessing risks of influencing witnesses.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
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