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PRANAY VERMA
Hemant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - This is second application under Section 439 of CRIMINAL PROCEDURE CODE , 1973. The applicant is implicated in connection with Crime No.99/2022 registered at Police Station Gogawa, District Khagone (MP) for offence punishable under Sections 376 , 506. 34 of the IPC.
2. The applicant is in custody since 16.02.2022.
3 . First application bearing M.Cr.C. No.27563/2022 was dismissed as withdrawn by order dated 04.07.2022.
4 . As per the prosecution, the prosecutrix was a resident of Gram Nandgaon Bagudh. Her uncle had met with an accident hence she had gone to see him. In Gogawa she had asked one boy the way to Bilkhed, who had asked her come with him. There was one friend of his also alongwith him. The boy took the prosecutrix near a river and threatened her and committed rape upon her. He also threatened her with life thereafter and told her not to narrate the incident to anyone and both of them thereafter left. On lodging of the report by the prosecutrix, the applicant has been implicated and arrested for the present offence.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The prosecutrix
The court's interpretation of Section 439 of the Criminal Procedure Code, 1973, in granting bail to the accused despite serious allegations of rape and threats.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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.
The court considered the settlement between the parties and the prosecutrix's affidavit retracting her complaint to allow the bail application without commenting on the merits of the case.
Offence of Rape – Grant of Bail taking into consideration of age of petitioner and manner in which the offence occurred.
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.
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
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