HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
KAPTAN S/O LACHHI RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.442/2024 registered at Police Station Sadar Hindoun, District Karauli, for the offence(s) under Sections 64(1) & 351(2) of BNS and Sections 67 & 67a of IT Act.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits prior to the filing of the present FIR, the accused- petitioner's brother lodged a different FIR against the husband of the prosecutrix and other persons about causing injuries to the accused-petitioner and in that matter investigation is still pending. It is also contended that the present FIR has been lodged by the complainant after an inordinate delay of 7 months. It is also contended that the prosecutrix in the FIR as well as in the statements rendered under Sections 180 and 183 of BNSS has levelled charges under Information and Technology Act alleging that the accused-petitioner on the pretext of circulating her obscene photographs, committed rape with her. However, the police did not find allegations l
Bail may be granted when there is no incriminating evidence, and the accused has been in custody for an extended period.
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 may be granted despite serious allegations if contradictions exist in the prosecutrix's statements and evidence is insufficient to support the charges.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
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 applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
Delay in lodging FIR without plausible explanation can undermine the credibility of allegations, impacting bail decisions.
The court established that serious allegations involving defamation and violations of the Information Technology Act can lead to the denial of bail, emphasizing the importance of the nature of the ch....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.