The court established that the behavior of the prosecutrix and the duration of custody are relevant factors in determining bail under Section 439 Cr.P.C.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. after considering the circumstances of the case, including the prosecutrix's age, her actions during the incident, and the duration of the petitioner's custody. The court emphasized that the prosecutrix traveled with the petitioner without raising alarm, which influenced the decision to allow bail while refraining from commenting on the case's merits.
Fact of the Case:

The petitioner was arrested in connection with FIR No. 69/2014 for offenses under Sections 363 and 366 of IPC. The petitioner claims to have been falsely implicated, and the prosecutrix, a 23-year-old woman, traveled and stayed with him without raising any alarm.
Finding of the Court:

The court found that the prosecutrix's behavior and age were significant factors. The court noted that she had traveled with the petitioner without any indication of distress, which contributed to the decision to grant bail.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case, including the prosecutrix's age and her actions during the incident.
Ratio Decidendi: The court held that the circumstances surrounding the prosecutrix's actions and the duration of the petitioner's custody warranted the granting of bail, without making any determination on the merits of the case.
Result: The petition for bail was allowed, and the petitioner was admitted to regular bail subject to the satisfaction of the trial court.

JUDGMENT

Inderjeet Singh, J. - The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 69/2014 Registered at Mahila Thana, Karauli District Karauli for the offence(s) under Sections 363, 366 of IPC.

2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that according to statement of prosecutrix recorded during trial, she has travelled with the petitioner to so many places and also stayed with him without raising any alarm. Counsel further submits that prosecutrix is 23 years old lady. Counsel further submits that the petitioner is in custody since 07.11.2020.

3. Learned Public Prosecutor has opposed the bail application.

4. Considering the material on record and taking into account the facts and circumstances of the case and the fact that prosecutrix travelled with the petitioner to so many places without raising any alarm and considering the statement of prosecutrix recorded during trial, the age of prosecutrix and also considering the period of custody and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.

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