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VISHAL DHAGAT
Niyaju @ Niyajuddin Tadvi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 28.08.2022 in connection with Crime No. 361/2022, registered at Police Station Moghat Road, District Khandwa (M.P.) for the offence punishable under Sections 363, 366, 376(1), 450, 419 & 506 of IPC and Section 3/4 of POCSO Act.
2. Learned counsel appearing for the applicant submitted that prosecutrix is aged about 16 years and 09 months. She is sufficiently mature to understand consequence of her act. It is further submitted that the applicant and prosecutrix were having an affair with each other. Prosecutrix was a consenting party. Investigation is complete and charge-sheet has already been filed. In these circumstances, applicant be released on bail.
3. Learned Deputy Government Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that prosecutrix is minor a n d consent is immaterial. Considering the seriousness of offence bail application be dismissed.
4. Heard the counsel for the parties.
5. Considering the fact that applicant is a 22 years young man and prosecutrix has crossed the age of 16 years an
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
Bail can be granted in cases where prosecutrix herself has exculpated accused in cases of kidnapping and rape.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
The court's decision to grant bail was based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite the State's opposition based on the age reco....
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The court considered the consensual relationship and age difference between the petitioner and the prosecutrix as influential factors in granting bail to the accused petitioner.
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