Back
PREM NARAYAN SINGH
Pawan – Appellant
Versus
State of M. P. – Respondent
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
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.
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
