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DEEPAK KUMAR AGARWAL
Manish Kirar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - Shri Lokendra Shrivastava, learned Public Prosecutor, for the respondent/State.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 07.12.2021 by Police Station, Kumbhraj, District Guna (MP), in connection with Crime No.164/2021 for the offence punishable under Sections 363, 376(D), 376(2) (N), 368, 370 (1),506 of IPC and section 4 read with section 3, 5(L)/6 of POCSO act.
As per prosecution story, on 14.6.2021 father of the prosecutrix Shivcharan along with his wife Shimla Bai gave information at Kumbhraj, District Guna that their daughter prosecutrix aged about 15 years 5 months had gone to purchase vegetable from market and did not return. They have searched her here and there but could not trace her out, somebody persuaded her to go with him. On his information Guminsan No. 23/21 was recorded and offence under section 363 IPC was registered against unknown persons. During investigation prosecutrix was rescued on 14.07.2021 and handed over to her mother. She was sent for medical examination and her statements were recorded. In her statement she has stated that she is aged about
The main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
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 court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
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.
Grant of bail based on the facts and circumstances of the case.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
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