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SATYENDRA KUMAR SINGH
Ravi – 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.1168/2022, registered at Police Station Manawar, District- Dhar (M.P.) for commission of offence punishable under Section 363, 366-A, 376, 376(2)(k), 376(2)(n) & 344 of IPC and sections 3/4, 5(L)/6 of POCSO Act.
2. Prosecution story in brief is that on 04.10.2022 applicant kidnapped and abducted minor prosecutrix aged about 16 years and 2 months kept her captivated and committed rape upon her repeatedly. Accordingly, case has been registered.
3. Learned counsel for the applicant submits that initially missing person report / FIR was lodged against the unknown persons. After about one and a half month of the incident prosecutrix was recovered and thereafter, crime was registered against the applicant. He further submits that prosecution has not submitted any other documents except school scholar register of the prosecutrix with regard to the age. The school scholar register entry submitted by the prosecution is of 9th standard. Prosecution has failed to prove the fact that prosecutrix is mi
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 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 delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
The court denied bail based on the minor's age and severity of the charges, emphasizing the protection of children under the law.
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 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.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
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....
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