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IN THE HIGH COURT OF MADHYA PRADESH
Prem Narayan Singh, J.
Pawan v. State of M.P.
Miscellaneous Criminal Case No. 48131 of 2023 (I);
Decided on 1.11.2023*
Criminal P. C., 1973 -- S. 439 -- bail -- rape with minor girl -- accused in jail for more than 7 months -- witnesses including prosecutrix turned hostile -- final conclusion likely to take sufficient long time -- bail granted. [Para 5
naM çfØ;k lafgrk] 1973 & èkkjk 439 & tekur & vo;Ld ckfydk d¢ lkFk cykRlax & vfÒ;qä 7 ekl ls vfèkd le; ls tsy esa & vfÒ;¨D=h lfgr lk{khx.k i{kæ¨gh gks x, & vafre fu"d"kZ esa i;kZIr yack le; yxus dh laÒkouk & tekur eatwjA ¼iSjk 5½
JUDGEMENT
1. This is first bail application has been filed on behalf of the applicant for grant of regular bail under section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to Crime No. 364//2022, registered at Police StationSagore, District-Dhar (MP) for offence punishable under sections 363, 366, 376, 376(2((i), 376(2)(n) of IPC and under section 3/4 of POCSO Act. The applicant is in jail since 15.03.2023.
2. Allegation against the applicant, is that of commission of rape upon the minor prosecutrix.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. Now the statements of the prosecutrix and other witnesses i.e. parents of prosecutrix, have been recorded before the trial Court, wherein they have not supported the prosecution story and turned hostile. The applicant is in jail since 15.3.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.
4. Counsel for the respondent/State, on the other hand, has opposed the prayer.
5. Having taken into consideration all the facts and circumstances of the case, custody period of the applicant and mainly the fact that the prosecutrix and other witnesses have not supported the prosecution case, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, bail application under section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.
6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
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 ....
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
The court may grant bail based on factors such as lack of support from the victim, the age of the victim, and the likelihood of the trial taking time.
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