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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
VALU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(FARJAND ALI, J.)
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 159/2023 |
| 2. | Concerned Police Station | Baghpura |
| 3. | District | Udaipur |
| 4. | Offences alleged in the FIR | Under Sections 450, 376 & 506 of IPC |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 22.01.2025 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record.
5. The victim is a 35 years old grown-up married lady having 17 years old girl
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
The court emphasizes the importance of presumption of innocence and potential delays in trial when considering bail applications under Section 439 Cr.P.C.
Prolonged detention without trial violates constitutional rights; bail granted due to insufficient evidence and delay in proceedings.
The court found sufficient grounds for bail, noting the possibility of consent and the lack of alarm raised by the complainant during the incident, thus granting bail despite serious charges.
The court established that prior statements of the complainant indicating consent can significantly influence bail decisions in cases of alleged sexual assault.
The court emphasized that substantial delays in reporting allegations, lack of corroborative evidence, and the principle against pre-conviction punishment collectively justify the granting of bail.
The seriousness of allegations and threats to the victim's safety are paramount in bail considerations, justifying denial when the applicant's personal circumstances do not outweigh these factors.
The right to bail is affirmed, emphasizing that no individual should suffer indefinite pre-trial incarceration without due judicial process, particularly when evidence against the accused is lacking.
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