LexX versus STATE OF RAJASTHAN & ANR.
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[2024] 11 S.C.R. 941 : 2024 INSC 909 X v. State of Rajasthan & Anr. (Special Leave Petition (Criminal) No. 13378 of 2024) 27 November 2024 [J.B. Pardiwala and R. Mahadevan, JJ.] Issue for Consideration Issue arose as regards accused being enlarged on bail in rape case by the High Court, when the victim and the mother who was the eye-witness to the incident were yet to be examined. Headnotes† Code of Criminal Procedure, 1973 – s.438 - Grant of bail to person apprehending arrest – Accused enlarged on bail in rape case by the High Court, when only one witness was examined and the victim and the mother who was the eye-witness to the incident were yet to be examined – Propriety: Held: In the instant case, the victim is yet to be examined and her mother who, is an eye-witness has also not been examined so far – High Court seems to have looked into few discrepancies in the FIR compared to the statement of victim recorded u/s. 164 Cr.P.C. – This could not have been a good ground to exercise discretion in favour of an accused in a serious offence like rape – At this point of time, the impugned order passed by the High Court not disturbed, however, appropriate conditions imposed so as to ensure that the accused and the co-accused do not influence the prosecution witnesses or try to tamper with the evidence in any manner – Since the victim and her mother as well as both the accused are residing in the very same village, the accused directed not to enter the said village till the completion of the trial. [Paras 17-20] Judicial deprecation – Bail application of the accused in serious offences like rape, murder, dacoity, etc. – Trial Court or the High Court to be reluctant in entertaining the bail application – However, either bail is granted after the charge is framed and just before the victim is to be examined 942 [2024] 11 S.C.R. Digital Supreme Court Reports by the prosecution before the trial court, or bail is granted once the recording of the oral evidence of the victim is complete by looking into some discrepancies here or there in the deposition and thereby testing the credibility of the victim – Propriety: Held: Is not a correct practice that the Courts below should adopt – Once the trial commences, it should be allowed to reach to its final conclusion which may either result in the conviction of the accused or acquittal of the accused – Moment the High Court exercises its discretion in favour of the accused and orders release of the accused on bail by looking into the deposition of the victim, it will have its own impact on the pending trial when it comes to appreciating the oral evidence of the victim – It is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed. [Para 16] List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973. List of Keywords Enlarged on bail in rape case; Bail; Rape; Discrepancies in FIR; Pending trial; Speedy trial. Case Arising From EXTRAORDINARY APPELLATE JURISDICTION : Special Leave Petition (Criminal) No. 13378 of 2024 From the Judgment and Order dated 12.02.2024 of the High Court of Judicature for Rajasthan at Jodhpur in SBCRMBA No. 1351 of 2024 Appearances for Parties Gunjesh Ranjan, Anil Kumar, Chinmay Kumar, Shantanu Sagar, Advs. for the Petitioner. Padmesh Mishra, A.A.G., Tushar Singh, S. Udaya Kumar Sagar, Advs. for the Respondents. [2024] 11 S.C.R. 943 X v. State of Rajasthan & Anr. Judgment / Order of the Supreme Court Order 1. This petition arises from the impugned order passed by the High Court of Judicature for Rajasthan at Jodhpur dated 12-02-2024 in SB Criminal Miscellaneous Bail Application No.1351/2024 by which the bail application filed by the Respondent No.2 – herein (original accused) came to be allowed and the Respondent No.2 was ordered to be released on bail pending trial. 2. It appears from the materials on record that a First Information Report came to be lodged by the petitioner – herein dated 18-09- 2023 against the Respondent No.2 – herein and a co-accused for the offence punishable under Section 376D and Section 342 of the Indian Penal Code. The FIR bearing No.83/2023 was registered with Police Station Nachna, District Jaisalmer, Rajasthan. 3. The Respondent No.2 – herein and the co-accused were arrested i
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