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ANAND PATHAK
Anil Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20.09.2022 by Police Station Civil Line, District Morena in connection with Crime No.837/2022 registered for offence punishable under Sections 376(2) (n), 376(d), 354-C, 201, 506 of IPC and Section 66-E of IT Act.
2. It is the submission of learned counsel for the applicant that applicant is suffering confinement since 20.09.2022 on false pretext and charge-sheet has already been filed. It is further submitted that story indicates an improbable event and it is highly improbable that under unconscious state of mind, prosecutrix entered into the hotel and signed the entry register of hotel and provided her Adhar-Card. FIR is delayed by one month. Applicant bears criminal record of three cases but of minor nature. Confinement since 20.09.2022 amounts to pretrial detention. He undertakes to cooperate in trial/investigation and shall not cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity. Thus, he prayed for bail.
3. Learned Public Prosecutor opposed the prayer and prayed for dismissa
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 absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
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 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 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 anticipatory bail based on the absence of the applicant's name in the FIR, lack of criminal record, and the nature of allegations against the applicant, while imposing stringent c....
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
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