HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
KISHAN LAL @ KRISHAN LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
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.54/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, for the offences under Sections 376(2)(n) and 315 of 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 the prosecutrix ‘J’ recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix ‘J’ in her statements has levelled specific allegation of she being subjected to sexual assault/rape by Gurmeet Singh, Gattu, Dr. Bhanwar Lal, Baba Kesar Singh and Kishanlal i.e. the present petitioner. However, police after making investigation has filed challan only against the present petitioner on the ground that the prosecutrix became pregnant due to the alleged sexual assault/rape committed upon her by the present petitioner.
4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. The material available on record indic
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
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 may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
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.
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.
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 due to insufficient evidence supporting allegations against the petitioner, emphasizing the context of prior relationships and lack of incriminating materials.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
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