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G. S. AHLUWALIA
Kiledar Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 09/02/2022 in connection with Crime No.501/2021 registered at Police Station Bamore, District Morena for offence under Sections 366, 376(d), 376(2)(h), 323 and 506 of IPC.
It is submitted by the counsel for the applicant that this Court by a detailed order dated 24/01/2022 passed in MCRC No.3781/2022 has granted bail to co-accused Shriniwas Gurjar and the case of the applicant is identical to that of co-accused Shriniwas Gurjar.
Per contra, the application is vehemently opposed by the Counsel for the State as well as the counsel for the complainant. It is submitted that the reasons assigned by this Court for granting bail to co-accused Shriniwas Gurjar would also apply to the present applicant.
Considered the submissions made by the counsel for the parties.
This Court by order dated 24/01/2022 passed in MCRC No.3781/2022 has granted bail to co-accused Shriniwas Gurjar by observing as under:-
'It is submitted by the Counsel for the applicant that according to the prosecution case, the prosecutrix who is aged about 20 years lodged a FIR that
Grant of bail based on similarity of the case with a previously granted bail to a co-accused and without commenting on the merits of the case.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
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 presumption of innocence is in favor of the accused till he is held guilty, and the evidence brought on record after the commencement of trial should be considered in bail applications.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
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