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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Mishri Lal, S/o. Sh. Mota Ram – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
ORDER :
FARJAND ALI, J.
IA No. 01/2025
1. The present application under Article 226 of the Constitution of India has been filed seeking modification of the order dated 25.09.2025 passed by this Court in S.B. Criminal Misc. Bail Application No. 10736/2025. On perusal of the record, it is revealed that the application has been moved under a misconception of fact, as the statement of the victim had already been duly recorded by the learned Trial Court on 27.09.2024.
2. In view of the aforesaid, the application, having been filed on an erroneous premise that the victim’s statement was yet to be recorded, is misconceived and accordingly stands disposed of.
3. S.B. Criminal Miscellaneous 4th Bail Application No. 10736/2025
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C./483 BNSS at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
|---|---|---|
| 1 | FIR Number | 153/2023 |
| 2 | Concerned Police Station | Khinvsar |
| 3 | District | Nagaur |
| 4 | Offences alleged in the FIR | Under Sections 450, 384, 376, 506 of IPC, Section 3 and 4 POCSO Act, Section 67b IT Act. |
| 5 | Offences added, if any | Section 288 of IPC & 5 an |
The court emphasized that substantial delays in reporting allegations, lack of corroborative evidence, and the principle against pre-conviction punishment collectively justify the granting of bail.
The court granted bail based on significant delays in reporting the incident and lack of medical evidence, raising doubts about the prosecution's case.
The court emphasized that unexplained delays in reporting serious allegations can undermine the prosecution's case, leading to the granting of bail.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
In rape cases, especially involving minors, the gravity of the offense and prima facie evidence can outweigh delays in filing FIRs when considering bail.
POCSO Act - Grant of Bail - Improvement in the testimony of the victim.
Bail dismissed - Offence of Rape - Allegation of violation of person of victim is duly corroborated by DNA profiling as petitioner has been found biological father of child delivered by victim - Cour....
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