DEEPAK KUMAR AGARWAL
Prashant Namdev @ Sahil – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - The appellant has filed this appeal under Section 14-a of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 against the order dated 22/01/2022 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.
Appellant has been arrested on 15/01/2021 by Police Station Kolaras, District Shivpuri in connection with Crime No.557/2021 registered in relation to the offences punishable under Sections 376-D, 376(2)(n) and 506 of IPC a n d Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST act and Sec.66(E) of IT act.
As per the prosecution case, on 19.12.2021 prosecutrix aged about 19 years has lodged a report at Police Station Kolaras, District Shivpuri against the present appellant and co-accused-Prashant Namdev alleging that about 01 years ago from the date of incident she used to talk with co-accused Prashant Namdev, who was her neighbour. One day, co-accused Prashant Namdev called her for meeting and committed sexual intercourse with her and prepared a video. Thereafter, co-accused-Prashant Namdev blackmailed the prosecutrix stating that he has her video and she will have
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court's decision emphasized the importance of cooperation in the trial and adherence to the conditions of anticipatory bail under Section 438 of Cr.P.C.
The completion of investigation, filing of the charge sheet, and the time required for trial are important factors in considering bail applications.
The court considered the appellant's prolonged custody and the likely duration of the trial in deciding to grant bail, without commenting on the merits of the case.
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.