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DEEPAK KUMAR AGARWAL
Deepak Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - Heard learned counsel for the rival parties.
2. This is the fourth application u/S.439 Cr.P.C filed by the applicant for grant of bail. First three bail applications were dismissed as withdrawn vide order dated 30.05.2022, 21.06.2022 and 22.08.2022 passed in M.Cr.C. Nos.25074/2022, 29571/2022, 39781/2022 respectively.
3. The applicant was arrested on 12.02.2022 in connection with Crime No.11/2022 by Police Station- Devgarh, District- Morena (MP) for the offence punishable under Sections 363, 376 of IPC and 5/6 of POCSO Act.
4. After investigation, charge-sheet has been submitted.
5. The allegation against the present applicant is that he has committed sexual assault with the prosecutrix aged about 8 years. Thereafter, F.I.R was lodged by her father. On the basis of report, the aforesaid offences are registered bearing Crime No.11/2022 at Police Station Devgarh, District Morena. Prosecutrix was sent for medical examination. Statement of prosecutrix as well as other witnesses were recorded. Applicant/accused was arrested. After investigation, charge-sheet has been submitted.
6. Learned Advocate for the applicant submitted that trial will take time. Durin
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 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 upon the merits of the case.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
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