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ANAND PATHAK
Dhooram @ Brajesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this Ninth bail application u/S.439 Cr.P.C for grant of bail.
2. Applicant has been arrested on 14/07/2020, by Police Station-Nayagaon District Bhind (M.P.), in connection with Crime No.70/2020, for the offence punishable under Sections 354, 354-A, 506 and added Section 305 of the IPC and Section 7/8 of the POCSO Act and Section 3(1) W I, 3(2) VA SC/ST Act.
3. It is the submission of learned counsel for the applicant that applicant is a boy aged about 20 years and suffering confinement since 14/07/2020 and suffered almost two and half years, as pretrial detention and all material prosecution witnesses have been examined including the doctor, therefore, chance of tampering with the evidence/witnesses is remote. Applicant except this case does not bear any criminal record. Although, dying declaration haunts the applicant but at the same time looking to the period of custody, he prayed for bail.
4. Learned counsel for the State opposed the prayer and submits that dying declaration is against the applicant because deceased categorically referred the conduct of applicant which caused irritation to her, therefore, she committed suicide.
5. H
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
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.
The court granted bail based on the absence of recovery from the applicant and inconsistencies in the dying declaration, emphasizing the need for prima facie evidence in bail considerations.
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 considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
The court may grant bail based on the length of custody and the time the trial would take, without commenting on the merits of the case.
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