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RAJEEV KUMAR SHRIVASTAVA
Chotu @ Shivraj – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 31-05-2021 by Police Station Kotwali, Vidisha (M.P.) in connection with Crime No.227 of 2021 registered for offence under Sections 376, 363, 506(2), 323, 376(2)(n) of IPC and under Sections 5/6 and 3/4 of the POCSO act.
It is submitted by learned counsel for the applicant Chotu alias Shiraj that the applicant is innocent and he has not committed any offence alleged against him. applicant is in custody since 31-05-2021 The evidence of prosecutrix and her father has been recorded. The prosecution story is concocted as prosecutrix in the present case in her deposition stated that FIR was lodged by her father and her uncle, therefore, she made signature on the FIR itself. The applicant has been falsely implicated as there is an existence of previous enmity. Conclusion of trial will take some time. It is further submitted that prosecution version is not supported by medical evidence. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prayed for grant of bail.
Learned State counsel has vehemen
The court may grant bail based on the duration of custody and the expected trial duration, without commenting on the merits of the case.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, 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 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 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 may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
The court may grant bail under Section 439 of CrPC based on the completion of investigation, filing of charge-sheet, and the lack of requirement for further custodial interrogation, without commentin....
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
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