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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MUKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 483 BNSS (old Section 439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.171/2024 registered at Police Station Bicchiwada, District Dungarpur for the offences under Sections 143, 447, 341, 323, 506, 376, 149 IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the FIR, challan papers and the statements of prosecutrix “B” recorded during the course of trial as PW.03, learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that the prosecutrix, who is a mature woman was having a mutual relationship with the present petitioner. However, when their relationship came to the notice of her family members, she has roped the petitioner in a false sexual assault criminal case.
4. Learned counsel for the petitioner further submitted that as per the medical examination report of the prosecutrix, no external or internal injuries were found on her body. The prosecutrix, in her statements
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 absence of recovered evidence and lack of risk of witness tampering justified granting bail in a case of alleged blackmail and sexual assault.
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.
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.
Delay in lodging FIR without plausible explanation can undermine the credibility of allegations, impacting bail decisions.
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.
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.
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