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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Deepu Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.3611 of 2022
Decided On : 21-01-2022
Bail Application - Offences under IPC and POCSO Act - The court allowed the bail application, ordering the release of the applicant on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety, emphasizing the need for the applicant to be present during the trial.
Fact of the Case:
The applicant was arrested for offences under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO act. The prosecutrix, aged 17 years, went with the applicant without informing her family, and the applicant was arrested after their return.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, considering the facts and circumstances, and ordered the release of the applicant on bail.
Issues: Bail application u/S.439 Cr.P.C
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the applicant.
Final Decision: The application for bail was allowed, and the applicant was ordered to be released on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
JUDGMENT
Deepak Kumar agarwal, J. - This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 24.08.2021 in connection with Crime No.250/2021 by Police Station Bagchini, District Morena for the offence punishable under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO act.
As per prosecution story, on 07.08.2021 father of the prosecutrix Makhan Singh lodged a missing report about his daughter aged about 17 years 4 months alleging that she has eloped with some unknown person. On his report, crime under Section 363 of IPC was registered. Later on, she was recovered on 21.08.2021 from Morena. Her statement was recorded and in her statement she has stated that she is 17 years 4 months old. On 07.08.2021 at 1 pm without informing any family members, she went to Bagchini. She telephoned to the present applicant to come and take her with him. He told that he has no time then she forcibly again told him to come. Thereafter, the applicant came there and she along with him by taxi went to Morena, thereafter to Gwalior and later on by bus they went to Poona. They stayed at Poona for three days. Family members of the applicant telephoned at Poona but they were having no money, that's why they stayed there for 3-5 days. Then the prosecutrix telephoned to her borther Ravi to deposit money in her account. Thereafter, she along with applicant returned to Morena. During this period, the applicant has not committed any unlawful act or outrage her modesty. Thereafter, Sections 366 and 376 of IPC and Section 5/6 of POCSO act were enhanced. The applicant was arrested on 24.08.2021 and after investigation, charge-sheet has been filed.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is in jail since 24.08.2021. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State vehemently opposed the application and prays for its rejection.
Heard learned counsel for the rival parties at length and perused the case diary.
Looking to the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
Grant of bail based on the facts and circumstances of the case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
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 period of custody and without commenting on the merits of the case.
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