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ANAND PATHAK
Raghvendra Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
anand Pathak, J. - The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 10.01.2022 by Police Station amola, District Shivpuri, in connection with Crime No.209/2021 registered for offence punishable under Sections 354, 452, 323, 294, 506, 34 and 376 of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 10.01.2022 whereas charge-sheet has already been filed. Initially case was registered for offence under Section 354 of IPC and Statement under Section 161 of the Cr.P.C. was recorded. Later on, in statement under Section 164 of the Cr.P.C., allegations of offence of rape has been levelled against the applicant. Medical report belies the allegations and therefore, story indicates an improbable event. applicant is Sarpanch and due to some dispute present case has been registered. Even otherwise, allegation of rape is not attributable over the present applicant. Confinement amounts to pretrial detention. applicant undertakes to cooperate in trial as well as investigation and would make himself available as and w
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or ....
Granting bail based on false case allegation and the applicant's willingness to cooperate in trial and investigation, with specific conditions to be followed upon release.
The completion of investigation, filing of charge sheet, and the anticipated prolonged trial process were key factors influencing the court's decision to grant bail to the accused.
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 belated registration of the FIR and the prima facie reflection of consent in the prosecutrix's statement influenced the court's decision in allowing the grant of bail to the falsely implicated ap....
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
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