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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
PRAHLAD RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.10/2024, registered at Police Station Bakhasar, District Barmer for offences under Sections 450 , 376(2) (f) and 305 of IPC ; Sections 5/6 of POCSO Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Drawing attention of the Court towards the FIR, learned counsel for the petitioner submitted that as per the prosecution, the victim- ‘L’ was subjected to forcible sexual assault- rape by the present petitioner. The victim- ‘L’ had committed suicide by jumping into a well (tanka). Drawing attention of the Court towards the statements of the complainant- Karsanram (PW.1) recorded before the competent criminal Court, learned counsel submitted that the complainant- Karsanram (PW.1) and the other material prosecution witnesses viz. Bheekharam (PW.2), Shankarlal (PW.3), Bhanwarlal (PW.4), Gomti (PW.5), Jamna Devi (PW.6) and Mukesh Kumar (PW.7) during their Court statements have not supported the prosecution story and have turned hostile.
4. Learned learned counsel submitted that since the abo
The court granted bail based on the lack of supporting evidence from key witnesses, significantly reducing the likelihood of conviction.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
The court denied bail based on the gravity of allegations and the potential influence on witnesses, emphasizing the need for a fair trial.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
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 grant of bail is justified when material prosecution witnesses turn hostile, indicating insufficient evidence for conviction.
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 apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.
A defendant may be granted bail if the allegations do not directly implicate them in the commission of a serious crime, particularly when they are merely an accomplice to the principal accused.
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