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SUNITA YADAV
Prem Singh Bhadotiya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this first application u/S.439 Cr.P.C. for grant of bail.
2. The applicant has been arrested on 21.09.2022 by Police Station Madhoganj, District Gwalior (M.P.) in Connection with Crime No.407 of 2022 registered for the offence punishable under Sections 363 of IPC. Further added Sections 365, 366-A, 368, 120-B, 376, 376(2)(n) of IPC and Section 5(L)/6 of POCSO Act.
3. As per prosecution story, the allegation against the present applicant is that he abducted the prosecutrix and committed rape upon her.
4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the prosecutrix in her statements recorded u/Ss.161 & 164 of Cr.P.C. specifically mentioned that she left her parental home because she wanted to marry with present applicant/accused, however, her parents wanted to marry some other boy who lived in Mumbai. Further argument is that the prosecutrix got married with present applicant on 25/09/2022 and she was living as his wife. Allegedly, the prosecutrix travelled various places with present applicant/accused, however, there is no evidence that she ever resis
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court may grant bail based on factors such as lack of support from the victim, the age of the victim, and the likelihood of the trial taking time.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
The main legal point established in the judgment is the consideration of lack of evidence, prolonged trial process, and the initial non-implication of the accused by the prosecutrix in granting bail ....
The court's decision was based on the provisions of Section 439 of Cr.P.C, considering the submissions and case diary, without reflecting on the merits of the case.
The court's decision to grant bail was influenced by the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., which supported the applicant's innocence.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
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