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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
GAUTAM LAL HARMOR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
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.116/2024 registered at Police Station Ghatol, Dist. Banswara, for the offences under Sections 341, 323, 354 B and 376 of IPC.
2. Learned counsel for the petitioner submitted that as per the prosecution, on 29.06.2024, the prosecutrix submitted a written report before the SHO of Police Station Ghatol alleging inter alia that on 28.06.2024, the petitioner on a pretext of giving labour work asked her to clean the fodder in his field for a sum of Rs.300/-. Thereafter, he took the prosecutrix to his field and subjected her to forcible sexual assault-rape.
3. Learned counsel for petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that since statements of prosecutrix and other material prosecution witnesses have been recorded before the competent criminal court, now there is no apprehension of the petitioner influencing them, in case he is enlarged on bail.
4. Learned counsel submitted that the petitioner is in judicial custody, investigation against him has already
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 apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
Bail may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
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 risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
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 granted bail based on the lack of supporting evidence from key witnesses, significantly reducing the likelihood of conviction.
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