Back
DEEPAK KUMAR AGARWAL
Amit Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 14.09.2022 by Police Station- Kotwali, District Vidisha (MP), in connection with Crime No.308/2022 for the offence punishable under Sections 363, 366, 376(2)(n), 363/34 of IPC and 3/4 of POCSO Act.
3. In brief, the prosecution case is that on 04.06.2022, mother of prosecutrix lodged a report at Police Station Kotwali District Vidisha against one unknown person that her daughter aged about 16 years and 8 months (the prosecutrix) who is studying in 10th standard, at 2:30 PM, by saying her that she alongwith Mona Soni is going to parlor, left the home but she did not return back. When she telephoned Mona, she told her that she did not call the prosecutrix. Thereafter she went to parlor and search the prosecutrix but she could not be traced out. Somebody persuaded her to go with him. On her report, missing report No.95/2022 and crime No.308/2022 for the offence punishable under Section 363 of IPC was registred. Thereafter on 07.06.2022, prosecutrix was rescued. Her statement was recorded on the same day. As per her statement, she is
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
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 main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on the facts and circumstances of the case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
