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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Deepak Kushwah – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 57913 of 2022
Decided On : 08-12-2022
Bail - Sexual Assault - The court granted bail to the applicant, who was charged with sexual assault under Sections 363, 376 of IPC and 5/6 of POCSO Act, considering the length of custody and the likelihood of a prolonged trial. The applicant was ordered to furnish a cash surety and a personal bail bond with a local solvent surety, with conditions for his presence and cooperation during the trial.
Fact of the Case:
The applicant was arrested for the offence of sexual assault against an 8-year-old prosecutrix. The prosecutrix's father lodged an FIR, and after investigation, a charge-sheet was submitted.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant due to the length of custody and the expected duration of the trial. The court imposed conditions for the applicant's release on bail, including the furnishing of a cash surety and a personal bail bond with a local solvent surety, and requirements for the applicant's presence and cooperation during the trial.
Issues: The main issue was the grant of bail to the applicant, considering the serious nature of the charges and the length of custody.
Ratio Decidendi: The court considered the length of custody and the expected duration of the trial as significant factors in granting bail to the applicant, without expressing any opinion on the merits of the case.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail upon fulfilling the specified conditions.
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 First three bail applications were dismissed as withdrawn vide order dated 30.05.2022, 21.06.2022 and 22.08.2022 passed in M.Cr.C. Nos.25074/2022, 29571/2022, 39781/2022 respectively.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. During trial, neither the prosecutrix nor her mother has supported the prosecution case. Under these circumstances, he prays for grant of bail to the applicant.
9. Learned Public Prosecutor for the State opposed the bail application and prayed for its rejection.
10. Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 12.02.2022 and conclusion of trial will take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.
11. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically
12. Application stands allowed and disposed of.
Certified copy as per rules.
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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