Back
S. A. DHARMADHIKARI
JANU BABU KHAN S/o ANWAR KHAN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – Case diary is perused.
2. Learned counsel for the rival parties are heard.
3. The applicant has filed this third application under section 439, Criminal Procedure Code for grant of bail. First and second applications were dismissed as withdrawn vide orders dt. 10-12-2021 and 4-2-2022 passed in M.Cr.C. No. 47838/2021 and M.Cr.C. No. 5631/2022 respectively.
4. The applicant has been arrested on 3-9-2021 by Police Station Shahgarh, District Sagar (M.P.), in connection with Crime No. 342/2021 registered in relation to the offence punishable under sections 363, 366-A, 376, 506 read with section 34 of Indian Penal Code and section 4, 5 of POCSO Act and section 3(1)(w)(i), 3(2)(5) of SC/ST Act.
5. Allegation against the applicant, in short, is that he along with co-accused Boby Rai enticed the prosecutrix and took her along with them and thereafter one of the co-accused committed rape on her. On the basis of the aforesaid, crime has been registered.
6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 3-9-2021. Charge-sheet has been filed, therefore, no further custodial interrogation is required. It is f
Prolonged pretrial detention as an anathema to the concept of liberty can be a basis for granting bail, without expressing any opinion on the merits of the case.
The main legal point established in the judgment is the consideration of lack of evidence, prolonged trial process, and the initial non-implication of the accused by the prosecutrix in granting bail ....
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
The court established that prolonged incarceration and examination of key witnesses warranted the grant of bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
