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ANAND PATHAK
Rinku @ Dharmraj Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this FIRST bail application u/S.439 of the Cr.P.C for grant of bail. Applicant has been arrested on 10.11.2022, by Police Station- City Kotwali, District- Morena, in connection with Crime No.1048/2022, for the offence punishable under Sections 363, 366, 376(2) (N) of the IPC and Sections 3/4 of the POCSO Act.
2. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and applicant is suffering confinement since 10.11.2022 on false pretext. Applicant is a young boy aged 18 years whereas prosecutrix is at the cusp of majority or around 18 years of age. From the statements recorded under Section 161 and 164 of the Cr.P.C., it appears that prosecutrix left her maternal home on her own volition and she lived for 5 days with the applicant without raising any alarm. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant and he would not move in the vicinity of the complainant party. Under these gro
Granting bail based on false case allegation and the applicant's willingness to cooperate in trial and investigation, with specific conditions to be followed upon release.
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or ....
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
The court may grant bail based on the length of custody and the time the trial would take, without commenting on the merits of the case.
The court may grant bail based on the period of custody and without commenting on the merits of the case, subject to specified conditions.
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