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ANIL VERMA
Vijendra Singh Chouhan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 265/2022 registered at P.S - Tarana, District- Ujjain (M.P.) for commission of offence punishable under Sections 363, 366, 376 (2)(n), 354, 506, 34 of IPC and sections 5-L, 6, 7 and 8 of POCSO Act.
2. As per prosecution story, on 10/06/2022, complainant Dilip Singh lodged a missing person report at police station - Tarana by stating that his minor daughter/prosecutrix is missing from home since 09/06/2022. She left the home by informing that she is going to Bank, but she did not come back. During investigation, it was gathered that co-accused Sanjay abducted the prosecutrix and took her with him at Makshi on motorcycle and kept her in a room and committed rape upon her. Present applicant outraged her modesty and both of them threatened her that they will kill her family members. Thereafter, co-accused Sanjay took her with him at Morvi, Gujrat and repeatedly committed rape upon her.
3. Accordingly, the aforementioned offence was registered and he was arrested.
4. Learned counsel for the applicant contended that applicant is innocent and has b
The main legal point established in the judgment is the consideration of lack of evidence, prolonged trial process, and the initial non-implication of the accused by the prosecutrix in granting bail ....
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 court considered the minor status of the prosecutrix and her voluntary actions in denying bail to the applicant.
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
The court may grant bail based on factors such as lack of support from the victim, the age of the victim, and the likelihood of the trial taking time.
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 has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court considered the lack of support from the victim and her mother, the prolonged detention of the accused, and the likelihood of a lengthy trial as grounds for granting bail.
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