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VISHAL DHAGAT
Rahul Ukey – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicants.
2. Applicant has been arrested on 05.12.2022 in connection with Crime No.56/2022 for offence under Sections 376(2)(n), 450 of the IPC registered at Police Station-Mahila Police Station Balaghat, District-Balaghat (M.P.).
3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 05.12.2022. Prosecutrix is major and there was no false promise to marry her by the applicant. Prosecutrix was consenting party. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be enlarged on bail.
4. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that investigation is incomplete and charge sheet is yet to be filed. Applicant gave false promise of marry to proseuctrix and thereafter, violated her. On said ground, he prays for dismissal of bail application.
5. Heard t
The court outlined the conditions under which bail may be granted, considering the nature of the relationship and the absence of prior convictions.
The court's decision to grant bail was based on the general and omnibus nature of the allegations, absence of specific instances against the applicant, and completion of the 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 considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
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....
Court allows bail application due to lack of injuries and delayed FIR in a matrimonial case.
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 conditions for compliance by the ap....
The legal position when a woman complains of sexual intercourse on a false promise of marriage requires active and reasoned deliberation for consent and a false promise given in bad faith with no int....
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