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SATYENDRA KUMAR SINGH
Suresh – 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.518/2022, registered at Police Station Amjhera District Dhar (M.P.) for commission of offence punishable under Section(s) 376, 450 and 506 of IPC.
2. Prosecution story, in brief, is that applicant is the son of complainant's brother-in-law(jeth). On 21.09.2022, at about 11:00 p.m., he entered into the house of the complainant and 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 FIR is delayed by 03 days without any reasonable cause. As per prosecution case itself, complainant's son aged about 16 years was present in her house at the time of incident, but complainant neither raised any alarm nor told about the incident to anyone. The whole prosecution story apparently appears to be unnatural. Moreso, there is a property dispute between the applicant and complainant's husband. Medical report does not support the prosecution c as e. Thus, applicant has been falsely implicated in the matter. He i
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 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 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 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 established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
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