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SATYENDRA KUMAR SINGH
Ankit Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first bail application filed by the applicant - ankit Patel S/o Rambarose Patel under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.411/2021 registered at Police-Station - Sanwer, District - Indore (MP) for the offence punishable under Section 376, 376(2)(n), 376(3), 376(2)(K), 201, 506, 342, 363 and 366 of Indian Penal Code, 1860 along with Section 3, 4, 5L/6 of POCSO act, 2012 and the applicant is in custody since 24.08.2021.
Prosecution story in short is that applicant resides opposite to prosecutrix's house. In the year 2015, when prosecutrix was minor, applicant entered in her house, threatened her and committed rape upon her. after that applicant again threatened and committed rape upon her 5-6 times till 21.08.2021.
Learned counsel for the applicant submits that the prosecutrix is a major girl aged about nineteen years of age. She lodged the report after six years of incident. It is alleged against the applicant that he had informed about his relation with the prosecutrix to her fiance, due to which she consumed some poisonous substance but her fiance has not stated so in his statements
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 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 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 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 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 considered the delayed FIR, lack of support from the medical report, and overall material produced on record in granting bail to the applicant without commenting on the merits of the case.
The court considered the delay in lodging the FIR, the nature of the relationship between the applicant and the prosecutrix, and the absence of criminal antecedents of the applicant in granting bail ....
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