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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHAUKAT ALI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.413/2024 registered at Police Station Makrana, District Deedwana-Kuchaman, for offences under Sections 64(2)(m) of BNS and Section 67 of the Information Technology Act.
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 and the challan papers, learned counsel for the petitioner submitted that as per the prosecutrix ‘R’, who is a mature married woman, about three years prior to the date of lodging of the FIR, the petitioner made her to consume an intoxicant substance and thereafter, subjected her to forcible sexual assault. Learned counsel for the petitioner submitted that in the present case, FIR has been lodged after a delay of about 2-3 years from the date when she was allegedly subjected to sexual assault, for the first time. No plausible explanation in lodging the FIR with a delay has been furnished by her. Learned counsel submitted that as a matter of fact, the petitioner and the prosecutrix were having consensual relatio
Delay in lodging FIR without plausible explanation can undermine the credibility of allegations, impacting bail decisions.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
The court granted bail based on prima facie evidence suggesting a consensual relationship, emphasizing that findings were limited to bail considerations and should not influence the trial.
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 in serious allegations when victim's statements indicate consent and the investigation is complete.
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 may be granted when the prosecution fails to provide substantial evidence, and there is no apprehension of tampering with witnesses or fleeing from justice.
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 based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
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