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PRANAY VERMA
Shivam Pathak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case diary /challan papers.
2. This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.358/2022 registered at Police Station Nemawar, District Dewas (MP) for offence punishable under Sections 376(2)(n), 506, 201 of the IPC.
3. The applicant is in custody since 03.11.2022.
4. As per the prosecution, the prosecutrix had known the applicant since he was a friend of her dever. About three years ago she had come in contact with the applicant, who had told her that if there is any work she can ask him for the same. He had taken her mobile number and used to message her and had told her that he likes her. When he found out that there is no one at home of the prosecutrix he came and committed rape upon her and also took her photographs without her knowledge. Thereafter he threatened her of circulating her photographs and committed rape upon her for a period of about three years. On 28.08.2022 in the evening the applicant hackd whatsapp number of the prosecutrix and uploaded certain nude photographs of her by way of her status which was seen by family member
The court's interpretation of Section 439 of the Criminal Procedure Code, 1973, in granting bail to the accused despite serious allegations of rape and threats.
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 absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
The seriousness of the prosecutrix's suicide attempt as evidence of the seriousness of the relationship influenced the court's decision to deny the bail application.
The belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement influenced the court's decision in allowing the grant of bail to the falsely implicated ap....
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