HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Kuldeep Mathur, J
BASANT OJHA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.280/2024 registered at Police Station Chopasni Housing Board, Jodhpur City West, for the offences under Sections 366(a) , 376(d)/34 of IPC and Sections 5(g)/6, 15 and 16/17 of POCSO Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the complainant Mehraj Ram submitted a typed report before the SHO, Police Station Chopasni Housing Board, alleging inter alia that on 06.07.2024, the present petitioner got an obscene video of victim ‘D’ secretly recorded through co-accused Mohammed Bilal. The further allegation against the present petitioner is that he was denied paying Rs.50,000/- to the victim ‘D’, to settle the dispute with her.
4. Learned counsel for the petitioner submitted that as a matter of fact, the petitioner has been made a victim of honey trap. It was submitted that the petitioner himself had lodged an FIR No.263/2024 alleging inter alia that his obscene video was recorded with victim ‘D’ by another girl ‘M’ through the co
The court granted bail based on the duration of custody and the fact that co-accused had been released, emphasizing the need to consider the nature of allegations.
The court granted bail due to the lack of evidence against the petitioner and the consensual nature of the relationship with the victim, emphasizing no risk of influencing witnesses.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail granted due to completed investigation, absence of prior criminal record, and no risk of 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 granted bail due to insufficient evidence supporting allegations against the petitioner, emphasizing the context of prior relationships and lack of incriminating materials.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
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