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IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Niyaju @ Niyajuddin Tadvi – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 56959 of 2022
Decided On : 02-12-2022
Consent - Bail Application under Section 439 of Cr.P.C. - The court allowed the bail application considering the age of the applicant, the maturity of the prosecutrix, and the completion of the investigation.
Fact of the Case:
The applicant filed a bail application under Section 439 of Cr.P.C. in connection with a case involving multiple offenses including those under IPC and POCSO Act. The prosecutrix was stated to be 16 years and 09 months old, and the applicant and prosecutrix were known to each other.
Finding of the Court:
The court allowed the bail application, considering the age of the applicant, the maturity of the prosecutrix, and the completion of the investigation.
Issues: The main issue was whether the applicant should be granted bail in a case involving serious offenses against a minor.
Ratio Decidendi: The court considered the age of the applicant, the maturity of the prosecutrix, and the completion of the investigation as key factors in granting bail.
Final Decision: The bail application filed by the applicant was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
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 and 09 months. Applicant and prosecutrix were known to each other and were friends.
6. Considering the age of applicant, period of incarceration and the fact that investigation in the case is complete, bail application filed by applicant is allowed.
7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
8. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
9. Certified copy as per rules.
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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