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SATYENDRA KUMAR SINGH
Anil – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17.11.2022 in connection with Crime No.967/2022, registered at Police Station Dhamnod, District- Dhar (M.P.) for commission of offence punishable under Sections 363, 376(1) of IPC and section 3/4, of POCSO Act, 2012.
2. Prosecution story in brief is that on 16.11.2022 at about 14:00 to 15:00 hours applicant abducted minor prosecutrix aged about 17 years and 4 months and took her near water tank on his motor cycle and thereafter committed rape upon her. Accordingly, case has been registered.
3. Learned counsel for the applicant submits that prosecutrix was minor at the time of incident. She voluntarily went with the applicant and when her brother saw her along with the applicant she lodged the report against the applicant. He further submits that prosecutrix statement recorded during investigation are inconsistent with her own FIR. FIR is delayed by 7 hours without any reasonable cause. Nothing material has been produced on record with regard to the age of the prosecutrix. The all prosecution case is apparently false. The conclu
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 court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
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 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.
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 court denied bail based on the minor's age and severity of the charges, emphasizing the protection of children under the law.
The court considered the delayed FIR, lack of support from the medical report, and overall material produced on record in granting bail to the applicant without commenting on the merits of the case.
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