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SUSHRUT ARVIND DHARMADHIKARI
Ashok – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sushrut arvind Dharmadhikari, J. - The applicant has filed this second application u/s 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dated 15.12.2021 passed in M.Cr.C. No.22388/2021.
The applicant has been arrested by Police Station- Narmada Nagar, District Khandwa, in connection with Crime No.96/2021 registered in relation to the offence punishable under Sections 363, 366, 376(2)(N), 506 of the I.P.C. and under Section 5L, 6 of the POCSO act 2012.
As per the prosecution story, the father of the prosecutrix lodged the report on 08.04.2021 alleging that her daughter was missing and was not found anywhere since 02.04.2021. He has apprehension that the applicant has allured and took his daughter with him. On the basis of the aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 14.04.2021. Charge-sheet has been filed. No further custodial interrogation is required. The applicant and prosecutrix were in love relation with each other. In fact, the prosecutrix accompanied the applicant on her own will. The statement of the prosecutrix, mother a
The court considered the concept of liberty and the prolonged pre-trial detention in granting bail to the applicant.
Point of Law : Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.
The court's decision on the bail application was based on the facts and circumstances of the case, without commenting on the merits of the case, and the conditions imposed for the release of the accu....
The court may grant bail based on the duration of custody and the expected trial duration, 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 based on the completion of investigation, lack of necessity for the petitioner's custody, and the petitioner's willingness to comply with bail conditions, consi....
Prolonged pre-trial detention is an anathema to the concept of liberty, and bail can be granted based on the overall facts and circumstances of the case.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
Prolonged pretrial detention as an anathema to the concept of liberty can be a basis for granting bail, without expressing any opinion on the merits of the case.
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