Back
SATYENDRA KUMAR SINGH
Atul Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 09.12.2021 in connection with Crime No.818/2021 registered at Police Station Nagda, District Ujjain (M.P.) for commission of offence punishable under Sections 376(2)(n) and 506 of IPC.
Prosecution story, in brief is that applicant met with the prosecutrix on social media and made relations with her. On 08.09.2021, applicant forcefully took the prosecutrix and kept her with him and committed rape upon her repeatedly. Thereafter, he sent back the prosecutrix and blackmailed her saying that if she discloses the incident to anybody, then he will kill her brother and husband and also viral her photographs.
Learned counsel for the applicant submits that prosecutrix is a major married lady, aged about 26 years while applicant is a young boy, aged about 23 years. On 08.09.2021, prosecutrix herself voluntarily went with the applicant and on 09.09.2021, she herself gave her statement, wherein she admitted that she was having relation with the applicant for last three years and volunt
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 solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
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.
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
The decision to grant bail was based on the specific circumstances of the case, including the delayed FIR and the likelihood of a long trial.
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The court upheld the principle that serious allegations of sexual offenses, particularly those involving non-consent, are sufficient grounds to deny bail.
The court's decision was influenced by the support of the prosecutrix's statements and her pregnancy as per the medical report in denying the bail application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
