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ANAND PATHAK
Bhagwan Singh Sehariya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this third bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 24.12.2021 by Police Station Myana, District Guna in connection with Crime No.333/2021 registered for offence punishable under Sections 363, 366-A, 376(2)N of IPC and Section 5L/6 POCSO Act.
2. It is the submission of learned counsel for the applicant that applicant is suffering confinement since 24.12.2021 and material prosecution witnesses including prosecutrix and her father have been examined therefore, chance of tampering with evidence/witnesses is remote. Story indicates prima facie consensual nature of relationship shared by the two. Confinement since 24.12.2021 amounts to pretrial detention. He undertakes to cooperate in trial. He further undertakes not to cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity. Looking to the period of custody, he prayed for bail.
3. Learned Public Prosecutor opposed the prayer and prayed for dismissal of this application.
4. Heard learned counsel for the parties at length and perused the case diary.
5. Considering the submission and the argum
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 ....
The court may grant bail based on the period of custody and without commenting on the merits of the case, subject to specified conditions.
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.
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
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 has the discretion to grant bail after considering the peculiar fact situation and the willingness of the applicant to cooperate in the trial.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
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