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SUBODH ABHYANKAR
Nageshwar @ Nagesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhayankar, J. - They are heard. Perused the case diary / challan papers.
This is applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.478/2021 registered at Police Station-Dalauda, District- Mandsaur MP) for offence punishable under Sections 363, 366, 376(2)(n) of the IPC and under Sections 5L/6 of POCSO act. The applicant is in custody since 06.1.2022.
Allegation against the applicant is of abduction and rape. Counsel for the applicant has submitted that the prosecutrix was major at the time of the incident and a consenting party and she had left her house along with the applicant on her own volition on 24.12.2021 and they travelled from Mandsaur to Jaora, from Jaora to Ujjain, again from Ujjain to Jaora, to Jaora to Indore and Indore to Shirdi and from Shirdi to Trimbakeshwar Nasik. It is submitted that the applicant and the prosecutrix roamed around in a public transport and the prosecutrix has never raised any alarm regarding the offence committed by the applicant. It is further submitted that the applicant is in jail since 6.1.2021 and the final conclusion of the trial is likely to take suff
The court's decision was based on the provisions of Section 439 of Cr.P.C, considering the submissions and case diary, without reflecting on the merits of the case.
The court's decision to grant bail was influenced by the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., which supported the applicant's innocence.
The absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
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