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ANIL VERMA
Balram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Learned PL informs that notice has duly been served to the prosecutrix.
2. Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 149/2022 registered at P.S - Malawar, through AJK Rajgarh, (M.P.) for commission of offence punishable under Sections 363,366,376(2)(n),376(3) of IPC , u/s 3/4,5/6 POCSO Act 2012, and u/s 3(1) & (2) , 3(2)(5) of SC/ST Act As per prosecution story,The father of the prosecutrix lodged a missing report on dated 07/07/2022 regarding missing of her daughter. On the basis of such missing report, police station Malawar registered Cr. No. 149/2022 and during investigation police recovered prosecutrix on dated 09/07/2022, where prosecutrix alleged that the applicant alluring her on pretext of marriage and committed rape.
3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant's earlier application has been dismissed as withdrawn. He is 23 years young person and sole bread earner in her family. In
The court considered the minor status of the prosecutrix and her voluntary actions in denying bail to the applicant.
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 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.
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 considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon 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 may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
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