Back
ROHIT ARYA
Rahees Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rohit Arya, J. - This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
2. The applicant has been arrested by Police Station - Madhoganj, District Gwalior in connection with Crime No.589/2022 registered in relation to the offence punishable under Sections 376, 376(2)(N), 506 of IPC.
3. An FIR has been lodged at crime case No.589/2022 at police station Madhoganj on 18.12.2022 on an allegation that the applicant sexually abused the prosecutrix on 18.09.2020 i.e. about two years and three months ago.
4. Accordingly, the case has been registered.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant has no criminal antecedents. As a matter of fact that applicant and prosecutrix, both major, have been staying in live-in-relationship. In fact, applicant intended to marry to prosecutrix also but for the reasons well known to the prosecutrix, she has taken extreme stand of having lodged the instant complaint against the applicant, pursuant to which the applicant is suffering jail custody since19.12.2022. On the face of the allegations made in the FIR, no case is made o
The court considered the delay in lodging the FIR, the nature of the relationship between the applicant and the prosecutrix, and the absence of criminal antecedents of the applicant in granting bail ....
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
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 may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering prolonged custody and the likelihood of delay in the conclusion of the trial, imposing stringent condition....
The court considered the prolonged custody and the possibility of delay in trial conclusion as grounds for granting bail with stringent conditions.
The court may grant bail with stringent conditions based on the prolonged custody of the applicant and the possibility of delay in the conclusion of the trial.
The court may grant bail based on the duration of custody and the likelihood of trial delay, while imposing stringent conditions to ensure compliance.
Prolonged custody and the likelihood of delay in the conclusion of the trial can be grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The decision to grant bail was based on the specific circumstances of the case, including the delayed FIR and the likelihood of a long trial.
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
