Legal Provisions Involved: Section 376 of the Indian Penal Code, 1860; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Section 164 of the Code of Criminal Procedure, 1973.
Judgement By: High Court of Jammu & Kashmir and Ladakh
Judge: Justice Sanjay Dhar
Facts
The accused was booked in an FIR for the offence of rape under Section 376 IPC. The complaint alleged that he had sexual relations with the prosecutrix, who later became pregnant. During investigation, her medical age was found to be 18 years, while statements of witnesses suggested she was above 19 years. Her statement was also recorded before a Magistrate. After investigation, the charge sheet was filed and the trial began. Two bail applications filed before the trial court were rejected.
Key Legal Provisions
- Section 376 of the Indian Penal Code, 1860
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 164 of the Code of Criminal Procedure, 1973
Issues Raised
Whether the High Court can consider a fresh bail application even when earlier bail pleas were rejected by the trial court?
Arguments of the Case
The accused argued that he had been in jail for nearly two years, important witnesses were already examined, and there was no risk of influencing the trial. The State opposed bail due to the serious nature of the offence.
Judgement
The High Court held that it can hear a successive bail application even if there is no change in circumstances. Keeping in view the long custody and stage of the trial, bail was granted with conditions.
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