Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Amar Nath Kesharwani, J.
Dinesh Bhilala – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61634 of 2022
Decided On : 29-12-2022
Bail - Rape - The court allowed the bail application of the accused under Section 439 of the Code of Criminal Procedure, 1973, in connection with a rape case, considering the facts and circumstances of the case and without commenting on the merits of the case.
Fact of the Case:
The applicant filed an application seeking bail in connection with a rape case where he was accused of committing rape upon the prosecutrix, who was found to be major at the time of the incident.
Finding of the Court:
The court allowed the bail application with conditions, directing the applicant to be released on bail upon furnishing a personal bond and one surety, and to abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
Issues: The main issue was the grant of bail to the accused in a rape case, considering the allegations, the statements of the prosecutrix, and the completion of the investigation.
Ratio Decidendi: The court considered the facts and circumstances of the case, the arguments advanced by the counsel for the parties, and the absence of commenting on the merits of the case in allowing the bail application.
Final Decision: The applicant was directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court, and to abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
JUDGMENT
Amar Nath (Kesharwani), J. - This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crime No.155/2022 registered at Police Station - Nagalwadi, District - Barwani for the offence punishable under Sections 354, 34, 376, 376(1), 376(2)(n), 506 of the Indian Penal Code & Section 5L/6 of the Protection of Children from Sexual Offences Act.
2. The allegation against the present applicant is that he committed rape upon the prosecutrix, who was found to be major at the time of incident and the applicant was arrested on 04.08.2022.
3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. Co-accused namely Arjun, who was juvenile has been enlarged on bail by the Juvenile Justice Board. The date of incident is 28.07.2022 and the F.I.R. was lodged on 29.07.2022. In the F.I.R., there is no allegation regarding commission of rape. The applicant is having no criminal antecedent. In the statement recorded under Section 161 of the Cr.P.C., the prosecutrix has not supported the case of prosecution. However, in the statement recorded under Section 164 of the Cr.P.C. she has stated that she was raped forcefully. Investigation is complete and the charge-sheet was filed on 29.08.2022. There is no likelihood of early conclusion of the trial, hence, prays for release of the applicant on bail.
4. Per contra, learned Panel Lawyer for the respondent / State opposes the prayer for bail.
5. Considering the facts and circumstances of the case, the arguments advanced by the counsel for the parties and without commenting on the merits of the case, the application is allowed with conditions. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all dates of hearing as may be fixed in this behalf by the trial Court during the pendency of the trial and the applicant shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy, as per Rules.
The court's decision to grant bail in a rape case was based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding the case.
Insufficient evidence does not justify continued detention; bail granted with conditions.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
The Court provided bail based on the lack of evidence connecting the accused to the crime, despite serious allegations.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for the grant o....
The belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement influenced the court's decision in allowing the grant of bail to the falsely implicated ap....
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.
Bail is granted when continued judicial custody is deemed unnecessary for investigation purposes, particularly where the accused has no criminal antecedents, the investigation is significantly advanc....
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
