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RAJENDRA KUMAR VERMA
Usman – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under Section 439 of CRIMINAL PROCEDURE CODE , 1973, filed by the applicant for grant of bail.
T h e applicant is facing trial in connection with Crime No.413/2021, registered at Police Station Narayangarh District Mandsaur for the offence punishable under Sections 3 77 ,342,506 and 34 of IPC, 1860, Section 3 /4 of the Protection of Children from Sexual Offences act, 2012 and Sections 3 (II)(V) and 3(II)(V-a) of the SC/ST (Prevention of atrocities) act. The applicant is in custody since 08.12.2021.
a s per prosecution story the allegation against the applicant is that he alongwith the co-accused called the victim boy for some labour work on 02.12.2021 at the site and after their work was over, the applicant and the co-accused forced the victim for unnatural sex with them and thereafter threatened him not to inform anybody about the incident.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. There is no legal evidence to connect the applicant with the crime. There is no criminal antecedents against the applicant.
The victim has refused for medical examinat
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 decision established that bail can be granted even in serious cases if continued detention is deemed unnecessary given the circumstances.
Bail is the rule and committal to jail is an exception, with the purpose of detention during trial being to secure the attendance of the accused, not punishment.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
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