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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
FIRASAT KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C. (483 BNS S) has been filed by the petitioner who has been arrested in connection with F.I.R. No.341/2024, registered at Police Station Gogunda, District Udaipur for offence under Section 64(1) , 64(2) (m) , 351(3) and 308(2) of BNS ; and Sections 67 and 67-A of the Information Technology Act .
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, the petitioner who is aged about 22 years committed forcible sexual assault-rape upon the prosecutrix-‘T’, who is a mature married woman on multiple occasions by threatening her to circulate her obscene videos and photographs on social media platforms. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as a matter of fact, the prosecutrix- ‘T’ was having mutual relationship with the present petitioner. However, on relations between them turning sour, the petitioner has been roped in a false criminal case.
4. Drawing attention of the Court towards the challan papers, learned counsel submitted tha
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.
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.
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 denied bail based on the gravity of allegations and the potential influence on witnesses, emphasizing the need for a fair trial.
Bail may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
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