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SATYENDRA KUMAR SINGH
Kana @ Kanhaiyalal – 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 in connection with Crime No.651/2022, registered at Police Station Sitamau District Mandsaur (M.P.) for commission of offence punishable under Section(s) 376, 376(2)(N) and 506 of IPC.
2. Prosecution story, in brief, is that on 25.03.2022, when complainant was going to her matrimonial house and waiting for bus at bus stand Khejadia, applicant came there on motorcycle and took the prosecutrix on the pretext that he will drop her at Mandsaur and thereafter committed rape upon her and also threatened her of dire consequences, if she disclose about the same to anyone.
3. Learned counsel for the applicant submits that as per prosecution case itself, FIR was lodged on 02.11.2022 i.e. after about 07 months of the incident and complainant's husband saw the applicant at matrimonial house. Complainant is a major married lady aged about 35 years while applicant is 24 years of age. Thus, applicant has been falsely implicated in the matter. He is in custody since 03.11.2022. Investigation is complete and chargsheet has been filed. Trial will t
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
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 solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for 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 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 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 decision to grant bail was based on the specific circumstances of the case, including the delayed FIR and the likelihood of a long trial.
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 court considered the inordinate delay in filing the FIR, lack of corroboration of rape allegations with medical evidence, and the likelihood of a lengthy trial in granting bail to the accused.
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