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VISHAL MISHRA
Mohd Kaleem Ansari – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 19.02.2022 by Police Station Burhar, District Shahdol in connection with Crime No.71/2022 for the offence punishable under Sections 363, 366a, 376 (2) (N), 368, 109 and 34 of the Indian Penal Code and Section 5/6 of the Protection of Children From Sexual Offences act, 2012.
It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence. It is further submitted that there is no allegation of committing rape against the applicant, not even an allegation of helping the present applicant in eloping the girl, who is aged about 17 years 6 months. The other co-accused have already been in custody. The applicant is in custody since 19.02.2022; therefore, there is no further requirement of custodial interrogation of the applicant. The applicant is the first offender. On these grounds, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the bail application and has prayed for dismissal of the same; however, he could dispute the fact
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 specific conditions for the grant o....
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....
The court has the discretion to grant bail based on the overall facts and circumstances of the case, subject to imposing necessary conditions on the applicants.
The court may grant bail considering the overall facts and circumstances of the case, without commenting upon the merits of the case, and impose specific conditions on the applicant.
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
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 specific conditions for compliance.
The court's decision to grant bail in a rape case was 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 expressing any opinion on the merit of the case.
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