HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
PREMARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.96/2024 registered at Police Station Khinwsar, District Nagaur for the offences under Sections 376(3), 376-D of IPC and Section 16/17 of POCSO Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the statements of the victim ‘R’ recorded before the competent criminal Court, learned counsel for the petitioners submitted that the victim ‘R’ during her Court statements has not supported the prosecution story and has turned hostile. It was submitted that since the victim ‘R’ during her Court statements has not supported the prosecution story and has turned hostile, the chance of the petitioners getting convicted in present case is very bleak.
4. Lastly, learned counsel submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail application
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
The court grants bail due to the absence of supportive testimony from key witnesses, indicating a low likelihood of conviction.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The lack of supporting testimony from key witnesses and prolonged trial duration justified the court's decision to grant bail, despite serious allegations.
The court granted bail based on the victim's voluntary actions and lack of allegations of coercion, emphasizing the importance of her statements in the bail decision.
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