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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHYAMSUNDAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 of B NSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.651/2024 registered at Police Station Rawatsar, District Hanumangarh for offences under Sections 332(b) & 64(1) of B NS.
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 and the challan papers and the statements of the prosecutrix recorded under Section 183 BNSS , learned counsel for the petitioner submitted that the prosecutrix who is mature married woman has falsely implicated the present petitioner in a criminal case. Learned counsel submitted that about three months prior to the date of lodging the FIR, she was subjected to forcible sexual assault-rape by the petitioner. She was further alleged that the petitioner had also captured her obscene videos and photographs.
4. Drawing attention of the Court towards the challan papers, learned counsel submitted that no obscene photographs and videos of the prosecutrix have been recovered by the investigating agency. Learned counsel submitted that no plausible explanation has b
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 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 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.
The absence of recovered evidence and lack of risk of witness tampering justified granting bail in a case of alleged blackmail and sexual assault.
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 ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
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